Vanka Ankamma Vs The State of Telangana

'1 . Vanka Ankamma, W/o. Vanka Satyanarayana, Age 40 years, Occ. Cultivation, N o. 2-1 331 I, Kurvapalli Kotturu, Thummalacheruvu, Gondigudem, Bhadradri Kothagudem District.

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Sonde Gopamma, W/o. Sonde Ramulu, Age 50 years, Occ. Cultivation, Rl/o. 2-194, Kurvapalli Kotturu, Thummalacheruvu, Gondigudem, Aswapuram, Bhadradri Kothagudem District.

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Vanka Ramaiah, S/o. Venkaiah, Age 59 years, Occ. Cullivation , No. 2-15011, Kurvapalli Kotturu, Thummalacheruvu, Aswapuram, Bhadradri Kothagudem District.

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Sode Ramesh, S/o. Lakshmaiah, Age 39 years, Occ. Gultivation, R/o. 2- 159/1 , Kurvapalli Kotturu, Thummalacheruvu, Gondigudem, Aswapuram, Bhadradri Kothagudem District.

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Paida Bhadraiah, S/o. Ramaiah, Age 55 years, Occ. Cultivation , PJo.2-12911, Kurvapalli Kotturu, Tummalacheruvu, Gondigudem, Bhadradri Kothagudem District.

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Sonde Muttaiah, S/o. Chalamaiah, Age 56 years, Occ. Cultivation, Ri/o. Kurvapalli Kotturu, Tummalacheruvu, Gondigudem, Bhadradri Kothagudem District.

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Kanithi Bhupathi, S/o. Raju, Age 65 years, Occ. Cultivation,^trJo.2-142, Kurvapalli Kotturu, Tummalacheruvu, Gondigudem, Bhadradri Kothagudem District.

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Gondhi Laxmi, W/o. Gondi Ramarao, Age 45 years, Occ. Cultivation, Fl/o. 10185111, Kurvapalli Kotturu, Tummalacheruvu, Gondigudem, Bhadradri Kothagudem District.

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Tati Venkateswarlu, S/o. Venkateswarlu, Age 49^years, Occ. Cultivation,^Rl/o. 2-1 21 I N 2, Kursavarigudem, Aswapuram, Bhad radri Kothagudem^District.

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10.Payam Gopamma, W/o. Payam Pottaiah, age 36^years, Occ.^{Cultivqtion,Rl/o.} 2-1'44, Kurvapalli Kotturu, Tummalacheruvu, Gondigudem, Bhadradri Kothagudem District.

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''l 1. Payam Krishna, S/o. Veeraiah, age 38 years, Occ. Cultivation, Fi/o. 295i 1, Kurvapalli Kotturu, Tummalacheruvu, Gondigudem, Bhadradri Kothagudem Dishict.

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Messa Bhadraiah, S/o. Veeraiah, Age 65^years, Occ. Cultivation, Rl/o. 2- 13211, Kurvapalli Kotturu, Tummalacheruvu, Gondigudem, Bhadradri Kothagudem District.

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13.Tati Veeraswamy, S/o. Krishnamurthy, Age 44 years, Occ. Cultivation, Ri/o.2'139/1, Kurvapalli Kotturu, Thummalacheruvu, Gondigudem, Aswapuram, Bhadradri Kothagudem District.

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Sonde Laxmi, W/o. Sonde Bodiah, age 60 years, Occ. Cultivation , Ftlo. 2-11O, Kurvapalli Kotturu, Tummalacheruvu, Gondigudem, Bhadradri Kothagudem District.

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.....PETITIONERS

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AND

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The State of Telangana, Rep., by its Principal Secretary, Tribal Welfare Department, Secretariat buildings, Hyderabad.

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The District Collector, Bhadradri-Kothagudem District.

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The Conservator of Forests, Bhadradri-Kothagudem District, Kothagudem.

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4 The Forest Divisional Officer, Manuguru Division, Bhadradri- Kothagudem District.

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The Forest Range Officer, Aswapuram Range, Aswapuram mandal, Bhadradri-Kothagudem District.

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Forest Section Officer, Sarapaka Section, Aswapuram Range, Aswapuram mandal, Bhadradri-Kothagudem District.

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Forest Beat Officer, Krishna Sagar Beat, Sarapaka Section, Aswapuram Range, Aswapuram mandal, Bhadradri-Kothagudem District.

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B. The lntegrated Tribal Development Agency, Bhadrachalam, Rep. By its Project Officer, Bhadradrachalam, Bhadradri- Kothagudem District.

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The Tahsildar, Aswapuram Mandal, Bhadradri- Kothagudem District.

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10.The Station House Officer, Aswapuram Police Station, Aswapuram, Bhadradri- Kothagudem District.

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.....RESPONDENTS

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Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to grant an order, direction or writ, more so in the nature of Writ of mandamus declaring the action of the respondent forest officers and district administration including ITDA, Bhadrachalam, in not initiating steps to recognise the existing rights of the petitioners as required under the Forest Rights Act, 2006 in respect of forest lands (in Krishna sagar beat) in their occupation for past 20-25 years in Thummalacheruvu village, Thummalacheruvu Gram Panchayat, despite representations and further action of the respondent forest officers in interfering

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with the agricultural activities of the petitioners over lands held by them and trying to dispossess high handed as illegal, u nconstitut^jo na I and consequently direct the respondent authorities to initiate and complete the process of recognition of existing rights of the petitioners and other similarly situated Scheduled Tribe families and grant RoFR Pattas in terms of provisions of Forest Rights Act, 2006 for the sublect lands in Krishna Sagar beat, Sarapaka Section, Aswapuram range, l\4anuguru Division, Thummalacheuruvu Gram Panchayat, Aswapuram [Vandal, Bhad radri-Kothagudem District.

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l.A.NO:1 OF 2023

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Petition Under Section 151 CPC^praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent forest officers not to interfere with the occupation and cultivation of the petitioners over the subject forest lands in Krishna Sagar beat, Sarapaka Section, Aswapuram range, [,4anuguru Division, Thummalacheuruvu Gram Panchayat, Aswapuram [/andal, Bhadradri- Kothagudem District.

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Counsel for the Petitioners : SRI ANKAM RAVINDRA

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Counsel for the Respondent Nos.1 & 8 : GP FOR SOCIAL WELFARE

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Counsel for the Respondent Nos.2 & 9 : GP FOR REVENUE

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Counsel forthe Respondent Nos.3 to 7 : GP FOR FORESTS

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Counsel for the Respondent No.10 : G.P FOR HOME

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The Court made the following ORDER

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HON'BLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION No.29791 OF 2OZ3

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ORDER:

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Heard Sri Ankam Ravindra, Iearned counsel appearing on behalf of the petitioners, learned Assistant Government Pleader for Social Welfare appearing on behalf of the respondent Nos,1, 8, learned Assistant Government Pleader for Forests appearing on behalf of the respondent Nos,3 to 7, learned Assistant Government Pleader for Revenue appearing on behalf of the respondent Nos.2 & 9 and learned Assistant Government Pleader for Home appearing on behalf of the respondent No,1O.

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2, The petitioners approached the Court seeking prayer as under:

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".......to grant an order direction or writ more so in the nature of Writ of mandamus declaring the action of the respondent forest officers and district administration including ITDA, Bhadrachalam in not initiating steps to recognise the existing rights of the petitioners as required under the Forest Rights Act, 2006 in respect of forest lands (in Krishna sagar beat) in their occupation for past 20-25 years in Thummalacheruvu village, Thummalacheruvu

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Gram Panchayat despite representations and further action of the respondent forest officers in interfering with the agricultural activities of the petitioners over lands held by them and trying to dispossess high handed as illegal, u nconstitu tiona I and consequently direct the respondent authorities to initiate and complete the process of recognition of existing rights of the petitioners and other similarly situated Scheduled Tribe families and grant RoFR Pattas in terms of provisions of Forest Rights Act, 2006 for the subject lands in Krishna Sagar beat Sarapaka Section Aswapuram range, Manuguru Division, Th u m ma lacheuruvu Gram Panchayat, Aswapuram Mandai, BhadradriKothagudem District and pass...."

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It is specific case of the^petitioners that the^petitioners herein are residents of Tummalacheruvu village, Tummalacheruvu Gram Panchayat and the^petitioners have been eking their livelihood by depending on forest^produce and Podu land. The^petitioners have been in occupation of the said lands for the past 25^years. Considering the^possession and enjoyment of the said forest lands⁽ⁱⁿ Krishna Sagar beat), the then officers had conducted an enquiry^and submitted a detailed report dated 22.10.2019 assuring that the petitioners will be^{given pattas} of the^{said land. However,}

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no pattas are issued till date. Further, the petitioners' request for issuance of pattas was considered by the grama sabha and resolutions recommending to initiate the issuance of RoFR pattas was passed. However, the same is pending for consideration.

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It is further, the case of the petitioners that the Forest Officers are interfering with the said subject land and are preventing the petitioners from cultivating the land. Aggrieved by the said action of the respondents, the present Writ Petition is filed.

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4 Learned counsel appearing on behalf of the petitioners submits that the petitioners' detailed representations, dated 26.O4.2O2L, 27.O4.2O2L, and 24.O5.2O2L addressed to the respondent Nos.4 & 5 herein for issuance of ROFR pattas for petitioners for different extents of lands situated at Thummalacheruvu Village, Thummalacheruvu Gram Panchayat had not been considered by the respondent Nos.4 & 5 as on date. Learned counsel appearing on behalf of the petitioners further submits that the petitioners are

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residents of Thummalacheruvu Village,

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Thummalacheruvu Gram Panchayat and belong to Koya community, which is recognized as Schedule Tribe under the Constitution (Scheduled Tribes) Order, 1950, and the petitioners had been cultivating the subject lands over the last 25 years and eking out their livelihood by cultivation made in the said subject lands. The petitioners had been regularly approaching the official respondents herein requesting to issue pattas by initiating the procedure as prescribed under the ROFR Act duly applying the provisions of the Telangana Forest Act, L967, but however the respondents could not initiate any actaon an the said direction as on date and further that the respondents had been in fact interfering with the agricultural activities of the petitioners and had been trying to dispossess the petitioners from the petitioners' subject lands without following the due procedure as mandated under Section 4 (v) of ROFR Act.

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)

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Learned Assistant Government Pleader for Forests appearing on behalf of the respondent Nos. 13 to 7 submits that though the petitioners represented to the respondent Nos.4 & 5, but however, the respondent No.8 is the competent Authority to consider the pleas of the petitioner for issuance of pattas for petitioners' subject lands and therefore, the petitioners have to submit a fresh representation to the 8th respondent h erein.

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6 Takino into consid eratio n:

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a) The aforesaid facts and circumstances of the case,

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b) The submissions made by the learned counsel appearing on behalf of the petitioners and learned Assistant Government Pleader for Forests appearing on behalf of the respondent Nos.3 to 7.

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c) The contents of the representation, dated 26.O4.2O2L, 27.O4.2O21, 24.05.2O2L addressed to the respondent Nos.4 & 5 herein.

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The Writ Petition is disposed of directing the petitioners to submit a detailed representation to the 8th respondent giving detailed particulars of petitioners' subiect lands and also to official respondent Nos. 4 & 5 afresh again putting-forth the grievance of the petitioners as put-forth in the present Writ Petition and also the petitioners' earlier representations, dated 26.O4.2O2L, 27.O4,2O2L, 24.05.2021 .addressed to the respondent Nos.4 & 5 herein within a period of two (O2) weeks from the date of receipt of copy of the order and upon the petitioners' making the said representation to the respondent Nos.4, 5 herein and the 8th respondent herein afresh again, the respondent Nos.4/ 5 and 8 shall consider the request of the petitioners for issuance of pattas to the petitioners herein in respect of their extents of lands situated at Tummalacheruvu Village, Tummalacheruvu Gram Panchayat and^pass appropriate orders in accordance to law, in conformity with^principles of natural justice by providing an opportunity of^personal hearing to the^{petitioners on the said representations}

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pertaining to interference by the^{respondents in the} petitioners' subject lands and also^{for issuance of} Forest rights^{pattas in favour of the petitionersherein} within a period of two^{(02) weeks, uponreceiptof the} said representation to^{be filed by the petitioners to the} respondent Nos.4, 5 and 8 herein.^{However, there shall}

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be no order as to costs.

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Miscellaneous^petitions, if any,^{pending in this Writ}

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Petition, shall stand closed

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SD/.S. MALLIKARJUNA RAO A,QSIFTANT REGISTRAR //rRUE copy// ,\ 11_: .- -_++

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