Disposed

Sri. Kannedari Vara Prasad, v. The State of Telangana

Telangana HC25 Apr 2023WP/23269/2018

Case brief

AI extract

What is this about?

Petitioners challenged threats to dispossess land under the Forest Act without notice. The Court, without deciding merits, directed the Assistant Director of Survey to conduct a joint survey and fix boundaries within three months while maintaining status quo.

What did the court decide?

Directed respondent to conduct survey and fix boundaries within three months; parties to maintain status quo.

Sri. Kannedari Vara Prasad, Vs The State of Telangana — Landlord and Tenant | Telangana HC (2023)

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[³³⁰³ ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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TUESDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE J SREENIVAS RAO

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WRIT PETITION NO: 23269 OF 2018

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Between:

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Sri. Kannedari Vara Prasad, S/o. Late lnnaiah, Aged about 45^years, Occ- Agriculture, Rl/o. Sarapaka Village, Burgampahad Mandal, Khammam District khammam

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Smt. Kannedari Ratnakumari, W/o. late lnnaiah, Aged about 78^years, Occ- Agriculture, Rl/o.Sarapaka Village, Burgampahad Mandal, Khammam District

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...PETITIONERS

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AND

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The State of Telangana, Rep. by its Principal Secretary, Forest Department, Secretariat Buildings, Hyderabad

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The Chief Conservator of Forest, State of Telangana, Hyderabad, Aranya Bhavan, A.G. Office Road, Opp. RBl, Saifabad, Hyderabad.

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The Conservator of Forest, Bhadradri Kothagudem District, Kothagudem, Bhadradri Kothagudem District

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The Divisional Forest Officer, Palvancha Town, Bhadradri Kothagudem District.

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The Forest Range Officer, Aswapuram Range, Aswapuram Town and Mandal, Bhadradri Kothagudem District.

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6 The Tahsildar, Burgampahad Mandal, Bhadradri Kothagudem District 7 Assistant Director of Survey of Land Records, Kothagudem, Bhadradri, Kothadudem District.

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R7 is impleaded as^per C.o. Dt: 2sl4l2o23 in l.A No. ,r11ft=rrO*DENTS

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Petition under Article 226 of the Constitution of lndia^{prayingthat in the} circumstances stated in the affidavit filed^therewith, the^{High Court maybe} pleased to pass an order or orders or writ^particularly one in the nature of a Writ of Mandamus declaring the action of Respondents No.3^{to 5 in threatening to} dispossess the Petitioners from their land^{in Sy.No.27l21to an extent of Ac.22-} 10 gts, and land in Sy.No.27122 lo an^{extent oI Ac.26-2O gts. situated at Mothe} Revenue Village of Burgampahad^{Mandal, Bhadradri Kothagudem District} respectively without issuing any notice^{and without} there being any authority^of law and without following any procedure^prescribed under law as being^illegal, arbitrary, contrary to the provisions of the^ForestAct, 1967, against the^principles

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of natural Justice a C in violation of the Petitioners rights g;uaranteed under Article 14, 21 and 3C^{)-/</sup> of the Constitution of lndia anrl consr:.1uertly, direct the Respondents not to Cispossess or in any manner interfere, ,vith the peaceful possession and enlolment of the petitioners land.}

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lA NO: 1 OF 2018

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Petition under Sr;ction 151 CPC praying that in the cir: Jm:;tances stated in the affidavit filed r;upport of the petition, the High Courl rnay be pleased to direct the Respond,, 1ti not to dispossess the petitioners f i-)m their peaceful possession and enj(,^,nrent of the petitioners land in Sy.No.27 t21 .o an extent of 4c.22-1O gts, and l;r rd in Sy.No.27l22 to an extent of Ac.2(i^.;;t0 1yts. situated at Mothe Revenue Villir ;e of Burgampahad lvlandal, Bhadradri^(r:thagudem District respectively without ollowing due process of law pending disl:osal of the above writ petition.

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lA NO: 1 OF 2021

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Petition unde' Section 151 CPC praying that in the cir{.umstances stated in the affidavit filed r support of the petition, the High Court^.nay be pleased to direct the 4th and { tl- respondents to come farward for . o nt nspection with revenue and fore,. officers in pursuant to the 4th rr;spcrndents Letter RC.No.865/2018/M0 dt.05/0812018by fixing a fresh date anrl ime.

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lA NO: 1 OF 2023

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Petition under S,ection 151 CPC praying that in the r irr;unrstances stated in the affidavit filed n support of the petition, the High Court rnal, be pleased to direct the 4th and 7 h respondents to conduct joint inspectio I with the presence of the petitioners F rrr;uant to the 4th respondent's Notice Fic.No.865/2018/M6 dt.05/08/2018 by fir rg a fresh date and time.

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Counsel for the Pet: tioners: M/S. SWAROOP OORILLA Counsel for the Re: pondent No.1 to 5: GP FOR FORESTS (1i3) Counsel for the Re: p()ndent No.6 and 7: GP FOR REVENUI: The Court made th,: following: ORDER

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THE HONOURABLE SRI JUSTICE J. SREENTVAS RAO

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W.P.No.23269 of 2O18

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ORDER:

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This writ petition is filed seeking Writ of Mandamus declaring the action of the respondent Nos.3 to 5 in threatening to dispossess the petitioners from their land in Sy.No.27 l2I to an extent of Ac.22-IO gts, and land in Sy.No.27/22 to an extent of Ac.26-20 gts., situated at Mothe Revenue Village of Burgampahad Mandal, Bhadradri Kothagudem District, without issuing any notice and without there being any authority of law and without following any procedure prescribed under law as illegal, arbitrary and contrar5z to the provisions of the Forest Act, 1967, against the principles of natural justice.

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Heard Sri Swaroop Oorilla, Iearned counsel for the petitioners, learned Assistant Government Pleader for Forests appearing on behalf of the respondent N<is.1. to 5 and learned Assistant Government Pleader for Revenue appearing on behalf of the respondent Nos.6 and 7.

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Lear-r, d counsel for the petitioners su.brli:s -hat^thc petitioners rre the owners and possessors^{,l. ernd to an} extent of Ar .22 lO gts in Sy.No.27 l2l and^{Ac 12'i-20 gts in} Srr.No.27,/!'1. situated at Mothe Rerenue ViJlage^of Burgarnpal arl Mandal, Bhadradri KotJragurle:m District ar-rcl thev hrrve acquired the subject lanc from their forefathers :rnd that the names of the fathel ol' the 1't petitioner : nC the 2n(l petitioner <sup>/ere also mu. ated in the revenue rr';crds and Pattadar Passbool<s rtarrr: i:;sued to them anc -he respondent Nos.3 to 5 at t tn'ing to dispossess; tlre petitioners from their sub.tect lirrrd.

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This Court while admitting the wril- preti,ion had granted i:'.atus quo with regard to l>o sse s;r,;ior.r of the petitionerr, cve:r the subject land in I.A.No.1 r,f 2t018 and the sermr: L ; ,:ontinuing till date.

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Per : ontra the learned Assistant Goverrrrnert Pleader for Forest: : s well as the learned Assistirnt^{(lc,','ernment} for Revettue t rquested the Court to direct tlre rr:r;ponrlent No.7 i.e. Assi,. tanl Director of Survey of I-,rr d Records, I{othagud, nr, Bhadradri Kothagudem [)istri,:t tr, conduct

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joint survey and fix the boundaries in respect of the subject

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land, by fixing reasonable time.

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In view ol the submissions made by the respective parties, without going into the merits of the case, this writ petition is disposed of, directing the respondent No.7 i.e. Assistant Director of Survey of Land Records, Kothagudem, Bhadradri Kothagudem District, to conduct survey and fix the boundaries to the subject land after issuing notice to the petitioners as well as the respondent Nos.4 and 5. The entire process shall be completed within a period of three (O3) months from the date of receipt of a copy of this order. Till the entire process is completed, both the parties are directed to maintain status quo in respect of the subject

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property. There shall be no order as to costs

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Miscellaneous petitions pending, if any, in this writ

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petition, shall stand closed.

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sD/-T,SRIN|VAS , DEPUW BEGISTRAR //TRUE COPY/' '* SECTION OFFICER

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To,

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'1 . The Assistant Director of.survey of Land Records, Kothagudem,

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Bhadradri, KothagudemDistrct.

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One CC to M/s. Swaroop Ooilla, Advocate [OpUC]

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Two CCs to GP for Forests (TG) , High Couri for thri State of Telangana. tOUI

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Two CCs to GP for Revenue, High Court for State of Telangana, [OUT]

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Two CD Copies

TJ GJP r\tp

I I I I

HIGH COURT

JSR,J

DATED:25104t2A23

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ii '1 AY ?:ltUt 3

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ORDER

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WP.No.2326€l of 2018

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DISPOSING DF THE WRIT PETITION

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WITHOUT C(:ISTS.

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.*p
v \o\t'

Sri. Kannedari Vara Prasad, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Sri. Kannedari Vara Prasad, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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