The High Court disposed of three writ petitions relying on a prior order from W.P. No. 292 of 2021. The petitioners sought writs of mandamus against the State and Forest officials regarding alleged illegal dispossessions of lands claimed under the Forest Rights Act, 2006.
No order as to costs; miscellaneous petitions in these writ petitions stand closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[3303 ]
THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY,THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE J SREENIVAS RAO
W.P.NO:10356 OF 2022. W.P: 3995 OF 2021.W.P: 4290 OF 2021
WRIT PETITION NO: 10356 OF 2022:
Between:
.. PETITIONERS
AND
,..RESPONDENTS Petition under Arlicle 226 of the Constitution of lndia r raying that in the circumstances state( in the affidavit filed therewith, the ll 1;h()ourt may be pleased to issuc Writ Order or Direction preferably Writ of l/ardarnus, declaring the high handed act crr of Respondents No.6 to 8 in trying lt dispossess the Petitioners from their respective lands in Komararam Forer;t Block, Komararam Forest Range, Koth€ gudem Division, Bhadradri Kothagud,:'rr Di:;trict, covered under their respecti\ e ROFR Claim Nos. and Forest Par;.;books as illegal, arbitrary, violative of Articles 14 and 21 of the Constituti)i of lndia and the provisions of the S;heduled Tribes and other Traditiorrrrl Forest Dwellers (Recognition of Fo es;t Rights) Act, 2006 and cons€)(lurlntly direct the Respondents not to interfere with the cultivation being tr r denaken by the Petitioners rn the said lands.
lA NO: 1 OF 2022
Petition under iection 1 51 CPC praying that in lhe circ Umstances stated in the aff idavit filed in s.rpport of the petition, the High Court rr ay be pleased to grant stay of disposl.ession of the Petitioners from their r3siper:tive lands in Komararam Forest E lock, Komararam Forest Range, Kctlragucem Division, Bhadradri Kothagude n District, pending disposal of the vrrir. petition in the interest of justice.
WRIT PETITION NO: 3995 OF 2021
Between:
AND
...RESPONDENTS
Petition Lrnder Artrcle 226 o'f the Constitution ol lnd a lrraying that in the circumstances statet I in the affidavit filed therewith, the lli:th Court may be pleased to issue S/ri . tJrder or Direction preferably Writ of N|tndamus, declaring the highhandecl acti, rn of Respondents No.6 to B intryine loclispossessthe Petitioners from their respective landsin KomararamFore:;t [:ilock,Marrigudem Forest Beat, Komara'a "n Forest Range,B had rad ri-KothagurJr:r't Dtstrict, covered under their respet tive Forest RightsPassbooksberzLt it.tg ROFRNos. ROFR0087B36, ROF Rt)0878'15, ROFR0087798, ROFR0oB78',7, ROFR0087853, ROFR008531 6, ROF 1C,085324, ROFR0085339,ROFR00852tt(:i, ROFR00B5292, ROFR0085356, ROFR0085265, ROFR0085262 as illegal. allitrary,violative of Articles 14 and 21 of he Constitutionof lndia and the provisi,)1si of the Scheduled Tribes and other Tra,lit onal Forest Dwellers(Recognitionof l:orestRights)Act, 2006 and consequenty direct theRespondentsnot to interfer€'ttrith the cultivation being undertaken by t re Petitioners in the said lands.
lA NO: 1 OF 2021
Petition under S er;tion 151 CPCpraying that in the cirot lrstances statedin the affidavit filed in su rport of thepetition, the High Court mayct: ple:asedto grant stay of dispossession cf the Petitionersfrom their respectivelttrr,lsin Komararam Forest Block,[tr1a rrgr. dem Forest Beat, KomararamForeslFlange, Bhadradri- Kothagudem District, cc,vered under their respectiveForest lilightsPassbooks bearing ROFR N, rs ROFR00B7836, ROFR00878.1 {i, ROFR008779B, ROFR0087817, ROFF0087853, ROFR0085316, ROFRooBs3it,l,ROFR0085339, ROFR0085286, ROFF0085292, ROFR0085356, ROFR0085il€ lt, ROFR0085262, pending disposal of th< nrain writ petition, in the interests ofjus;t t;r,r.
WRIT PETITION NO:4290 OF 2021
Between:
":t.-ir.
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of lndiaprayingthat in the circumstances stated in the affidavit filed therewith, theHigh Court maybe pleased to issue Writ, Order or Direction preferably Writ of Mandamus, declaring the highhanded action of RespondentsNo.6 toB in trying to dispossess the Petitioners from their respective lands inSettipalli Forest Block, Komarararn Forest Range, Kothagudem Division, BhadradriKothagudem District,covered
,
under therr Forest R glrts Passbooks with respective claims \c .220505013060006, 220505013060008, 2:20505013060018. 2205050.1305003,1 220505013060003, 220505013060017, 2:20505013060014, 2205050.130600.1 :,,2205050.13060009, 22050501 305001 9, 22050501 3060004,22050501 30eC 00. 1 and 220505013060010 irs illegal, arbitrary, violative of Artick:r; j4 and 2.1 of the constitution of lndi r and the provisions of the Schedule rl rribes and other Traditional Forest )lvellers (Recognition of Forest Ri(ttrtr;) l\ct, 2006 and consequently direct the Respondents not to interfere with t1-. cultivation being undertaken by the Potilioners in the said lands and pass
lA NO: 1 OF 2021
Petition under section 151 cPC praying that in the cir<;urrstances stated in the affidavit filed in s rpport of the petition, the High Court ma'r l.re pleased to grant stay of dispossessio n of the Petitioners from their respeclirrr: lands in settipalli Forest Block, Kom araram Forest Range, Kothagudem Il,ivisron, Bhadradri Kothagudem Districl , covered under their Forest Rights l: assbooks bearing respective claims Nc ,220505013060006, 220505013060008 :it20S05013060018, 220505013050034, 220505013060003, 220505013060017, :;t205050.13060014, 22050501 306001 3, 22050501 3060009, 22050501 305oO1 9, 1,2050501 3060004, 2205050130600011 rnd 2205050'1 3060010, pending dispc;erl ot the main writ petition, in the interes ts of justice.
Counsel for the Petit ioners: SRI KOWTURU PAVAN KUMATR
Counsel for the Resg rondents 1,2,3,6,7,8: Gp FOR FORESTS
Counsel for the Res;,ondents 4& 5: GP FOR SOCIAL WELF'ARE
The Court made the ollowing: COMMON ORDER
/, //,/.
/,/"
HON'BLE SRI JUSTICE J. SREENIVAS RAO
W.P. No.lO356 of 20.22 W.P. No.3995 of 2O2l and
W.P.No.429O of 2O2l
COMMON ORDER:
When these matters are taken up for hearing, Sri Kowturu Pavan Kumar, learned counsel for the petitioners submits that in similar circumstances, this Court passed an order in W.P. No.292 of 2O2I, dated 20. 12.2022 and requested the Court to dispose of these writ petitions in terms of the said order and the same is not opposed by the learned Assistant Government Pleader for Forests appearing for respondents.
shall be no order as to costs.
Miscellaneous petitions, if any, pending in this writ
petition, shall stand closed.
SD/- P.Ch. NAGABHUSHAMBA ASSISTANT REGISTRAR //TRUE COPYII
To,
SECTT OFFICER
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GJP
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HIGH COUIRT
DATED:221,)22023
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COMMON C RDER
WP.No.103t6 of 2022, W.P NO. 3995 of 2021 AND w.P.4290 CF 2021
DISPOSING OF ALL THE WRIT PETITI()NS WITHOUT
COSTS
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II
THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI
WRIT PETITION No.292 of 2O2L
ORDER:
This Writ Petition has been filed seeking a Writ of Mandamus, declaring the action of the 4th and 5th respondents in tryingto forcibly evict the petitioners from their lands situated at Shettipally and Nallachelukla villages, Gundala Mandal, Bhadradri Kothagudem District to an extent of Ac.95.15 cents allotted to them under the Scheduled Tribes and other Traditional ForestDwellers Recognition of Forest Rights Act of 2006 by the l"t respondentas illegal and arbitrary and to pass such other order or orders.
,- -
PMD,., W.P.No.292 of 2021
thereforc, seeks a direction to the respondelfts n.t to interfere with their possession of the land.
3' Learned G rvernment pleader for Fore sts ir.;o submits that since the Forest F:ights certificates have been is,s rj s6 to the Forest dwellers, the res rc'ndents are not interfering with r..!re possession or occupation of tlre said land by the petitioner; nor have they trespassed and t n tered into such 1and. It is tLo.u,,.evr:r su bmitted that though certific;Ltes have been issued alorLgl with map, the petitioners are en .e.ring the Forest land and cl:rimirL,? the l:rnd of the Forest as the lanc :Lllotted to them and in suc:h 6i11.116stances, the Forest Departmer rt is constrained to take actiorr irgainst the petitioner.
it
PMD,J W.P.No.292 of 2021
damage the Forest land in any other way. With these directions, the Writ Petition is closed. There sha-ll be no order as to costs.
Miscellaneous applications, if any pending, shall also stand closed.
JUSTICE P.MADHAVI DEVI
Date:2O .12.2O22 TU
3 issues framed by the court
Whether this Court should dispose of the three writ petitions in terms of the order passed in W.P. No. 292 of 2021 without going into the merits of the cases.
Whether the petitioners are entitled to a direction restricting forest officials from interfering with their possession of land allotted under the SF&TRF Act, 2006.
Whether the petitioners are prohibited from entering unallotted forest land without permission.
Colour shows how this judgement treated each authority
Unnamed Petitioner in W.P. No. 292 of 2021Followed¶1
W.P. No. 292 of 2021
Banoth Venkateswarlu and Others
The State of Telangana
The District Forest Officer and Others
Moothi Swamy and Others
Parsika Seethamma and Others
J Sreenivas Rao
P Madhavi Devi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
