Forest dwellers sought a mandamus against interference with their possession of assigned forest land and for grant of patta under the Forest Rights Act, 2006. After notice was issued in the writ petition, pattas were granted to the petitioners. Both counsel confirmed this, and the writ petition was closed without costs.
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.
132s21
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
MONDAY,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION NO: 33795 OF 2015
Between:
9 Potla [athamma , Wo. Bheemudu, Aged.63 yrs, Occ Agriculture,
1 4. Korsa Prasad, S/o. Ramud u, Aged. 27 yrs,' Occ Agriculture, '!!. layam Laxmi , W/o. Ramulu, Aged. 40 yrs, Occ Agriculture, l6.Gaddam RajaVictor, S/o.Andraiah, Aged.25 yrs, 6cc .Agriculture, '17.[orsa Laxmi , Wo. Rama Rao, Aged 32. yrs, Occ Agricul-ture,
?9(prqaDurga,W/o.Babu Rao, Aged.7O yrs,Occ Agricutture, 21. Madakam Venkatamma, Wo. Rajulu, Aled. 45 yrs, Occ Agiiculture, 22.Madakam Yenappa, S/o. Bodapp-a, Agei.aO yrs, Occ Agridulture,
?9.[orlqRajamma,W/o.Mutyalu,Aged.45 yis, Occ. Agricutture,
29.9addam Nathaniyelu, S/o.Raghavutu, Ag-ed. 32 yrs, 6cc . Agriculture, 30. Korsa Devi, W/o.Veerraju, Aged. 40 yrs, bcc Agiiculture,
41.Gaddam Rathamma, Wo. Andraiah, Aged.48 yrs,Occ Agriculture, 42.Sode Veeramma , W/o. Narayana, Aged. 45 yri, Occ Agriculture, 43. Sunnam Mangamma, W/o. Narasimha Rao, Aged. 40 yrs, Occ Agriculture, 44.9addam Devataju, W/o. Andraiah, Aged. 25 yrs, Occ Agriculture, 45. Korsa Laxmudu, S/o .Babu, Aged.'60yrs, Occ Agriculture,
( PAll the petitionersRl/o.ChandrukuntaVillage, JagannadapuramGram anchayath, Mulakalapally lvlandal, Khammam Dist.)
...pETtTloNERS
AND
...RESPONDENTS
Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction or writ, more particularly one in the nature of Writ of Mandamus, declaring that the action of the respondents in highhandedly interfering with the possession and enjoyment of the petitioners to an extent of AG 5-00 cents each situated in Compartments 2'l to 23 palvancha Forest Range, in the limits of Chandrukunta Village of Jagannadapuram Gram Panchayath, Mulakalapally Mandal, Khammam District without passing any o orders on resolution of the Village Level Forest Rights Committee and without following the procedure prescribed under Forest Schedule Tribes and other Traditional Forest Dwellers ( Recognition of Forest Rights ) Act, 2006 and Rules, 2007 inducing Forest Act, 1967 is arbitrary, illegal and violation of Articles 14,19,21 and 300-4 of the Constitution of lndia and consequenfly to direct the respondents to grant patta to the petitioners in the said lands in question as per Forest Schedule Tribes and other Traditional Forest Dwellers ( Recognition of Forest Rights ) Act, 2006 and Rules, 2007
l.A. NO: 1 OF 2015(WPMP. NO: 43562 OF 20',5 )
Petition under Section 151 CPCpraying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue an interim direction directing the respondents not to interfere with the possession and enjoyment of the lands of the petitioners to an extent of Ac.5- 00 cents each situated in Compartments 21 to 23 Palvancha Forest Range, in the limits of Chandrukunta Village of Jagannadapuram Gram Panchayath, Mulakalapally Mandal, Khammam Districtpending disposal of the above writ petition
Counsel for the Petitioner: SRl. SYAMALA RAVINDER REDDY
Counsel for the Respondents: AGP FOR FORESTS
The Court made the following: ORDER
HON'BLEMRS. JUSTICESUREPALLI NANDA
w TPETITION No.3795oF 20 15
ORD ER:
Heard Sri SyamalaRavinder Reddy, learned counsel appearingon behatf of the petitioners and the learned AssistantGovernment Pleader forForests' appearing onbehalf of respondentNos'1 to 5'
to issue an orderor direction or writ more particularly one in thenature of Writ of Mandamus declaring thatthe actionof the respondents tn highhandedly interferingwith the possession and enjoyment of thepetitioners to an extent of Ac'5-00 cents each situatedin Compartments21 to23 Palvancha ForestRange in thelimits of ChandrukuntaVillage of JagannadapuramGram Panchayath, MulakalapallyMandal,Khammam District withoutpassingany orders on resolutionof the Village LevelForest RightsCommitteeand without followingthe procedure prescribed under Forest ScheduleTribes and other Traditional Forest Dwellers(Recognitionof Forest Rights) Act, 2006 and Rules,2007 including Forest Act, 1967is arbitrary,illegal and violation of Articles t4, 19, 2L
2
wP-13795 20ij
and 300A of the Constitution of India and consequently to direct the respondents to grant patta to the petitioners in the said lands in question , as per Forest Schedule Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and Rules, 2007 and pass such other order or orders may deem fit andproper in the circumstances of the case".
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The miscellaneous applications, if any pending, shall
stand closed.
SD/.P. PADMANABHAR ED Y ASSISTANTREGIS
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ThePrinicipalSecretary, Forest Department' Secretariate'T S'Hyderabad' ii,i;Dili;i;;riFo*.toiiii"r,par'anchaDivision' Palvancha'"10ammam District. iffi'btoDivisionalLevelForest Rights Committee'R'P'0' Office' Palvancha, KhammamDistrict' The DistrictLevelroresii'igiisCommitte' Khammam District' Coilectorate' f[3T]3:lRanse ofricer,Palvancha-Ranse, Palvancha' Khammam District ori,'c"iti,'sHi"sYAvrALAHnVir'loennEdDY'.Advocateto-Ppcl iiJI ddr'i"-c'iFoCFol'esii ',nigr'corrtfoi theState ofTelansanaat Hyderabad[OUT] Two CDCoPies |
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CC TODAY
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HIGH COURT
DATED:1710212025
ORDER
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25 FEB ?ffi
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WP.No.33795 of 2015
CLOSING THE WRIT PETITION WITHOUTCOSTS
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1 issue framed by the court
Whether respondents could interfere with petitioners' possession of forest land without following the procedure under the Forest Rights Act, 2006, and whether pattas should be granted.
2 provisions across 2 enactments
Thati Narasa Kumari and others
The State of Telangana, Rep. by its Principal Secretary, Forest Department
The Divisional Forest Officer, Palvancha Division
The Sub Divisional Level Forest Rights Committee, Palvancha
The District Level Forest Rights Committee, Khammam District
The Forest Range Officer, Palvancha Range
Surepalli Nanda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
