Kethuri Bhagyamma Vs State of Telangana — Writ and Judicial Review | Telangana HC (2025)

Kethuri Bhagyamma Vs State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of: Respondent No.3 directed to consider petitioner's explanation dated 24.01.2025 within four (4) weeks, in accordance with law and principles of natural justice, with reasonable opportunity of personal hearing, and to communicate the decision within two (2) weeks thereafter; until completion of that exercise, respondents restrained from initiating any action in respect of the petitioner's land (Ac.3.00 guntas, Sy.No.8711, Chennampalli Village, Kollapur Mandal); miscellaneous petitions, if any, stand closed; no order as to costs.

Issue for consideration

Whether the notices dated 02.01.2025 and 16.01.2025 issued by the Forest Range Officer, Kollapur to the petitioner's husband, without specifying particulars of the alleged forest encroachment and without considering the petitioner's representation dated 24.01.2025 asserting a 1996 Government assignment of the land, are bad in law and liable to be set aside.

Court's answer

Finding: admittedly, as borne on record, no orders have been passed as on date duly considering the petitioner's explanation dated 24.01.2025 furnished by the petitioner to the respondents.

Ratio / Principle

The writ petition is disposed of directing the 3rd respondent (Forest Range Officer, Kollapur) to consider the petitioner's explanation dated 24.01.2025 furnished in response to the notices dated 02.01.2025 and 16.01.2025, within a period of four (4) weeks from the date of receipt of a copy of the order.

Key takeaways

The consideration of the explanation shall be in accordance with law, in conformity with principles of natural justice, by giving a reasonable opportunity of personal hearing to the petitioner, and the decision shall be communicated to the petitioner within two (2) weeks thereafter.ratio¶49
Interim protection: till the above exercise is initiated and completed by passing of appropriate orders within the stipulated time period, the respondents are directed not to initiate any action against the petitioner in respect of petitioner's land admeasuring Ac.3.00 guntas in Sy.No.8711, Chennampalli Village, Kollapur Mandal.ratio¶50

Detailed headnote1 paragraphs

Telangana High Court (Special Original Jurisdiction), Surepalli Nanda, J., 17.02.2025 — W.P. No.4559 of 2025 (disposed of, without costs). Petitioner, an assignee claiming agricultural land of Ac.3.00 guntas in Sy.No.8711, Chennampalli Village, Kollapur Mandal, Nagar Kurnool District, under a Final Patta Certificate in Proceedings No.B/F/1346/96 dated 25.03.1996 (with e-Pattadar pass book), challenged notices dated 02.01.2025 and 16.01.2025 issued by the Forest Range Officer, Kollapur to her husband, alleging violation of the Telangana Forest Act, 1967 and requiring hand-over of the land to the Forest Department, without specifying particulars of the alleged encroachment and without considering her representation dated 24.01.2025. Noting that admittedly no orders had been passed on her explanation, the Court disposed of the writ petition directing Respondent No.3 to consider the explanation dated 24.01.2025 within four (4) weeks, in accordance with law and principles of natural justice, giving a reasonable opportunity of personal hearing, and to communicate the decision within two (2) weeks thereafter; until completion of that exercise, the respondents were directed not to initiate any action in respect of the land. Miscellaneous petitions closed.

132521

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

MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENry FIVE

PRESENT

THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

WRIT PETITION NO:4559 OF 2025

Between:

Kethuri Bhagyamma, Wo. Sri K.Venkata Swamy, aged 53 Years, Occ.. Agriculture, Rl/o. Somasila Village, Kollapur Mandal, [r/alleswaram P.O., Nagar Kurnool District.

.....PETITIONER

AND

State of Telangana, rep. by its Principal Secretary, (Revenue) Department, Telangana Secretariat, Hyderabad.

District Collector, Nagar Kurnool District.

Forest Range Officer, Kollapur, Nagar Kurnool District.,

.....RESPONDENTS

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 issue a Writ or Order or orders or Direction mainly in the nature of Writ of mandamus by declaring the Notices issued by the Fordst Range Officer, Kollapur dated 21112025 and 161112025 addressed to the husband of the Petitioner Sri Kethuri Venkateswara Swami not to enter the land without specifying any particulars of the land or Village where the forest land is encroached by violating the Forest Act and not looking into the representation submitted by the Petitioner dated 241112025 duly giving particulars of assignment given by the then Government of Andhra Pradesh way back in the year 1996, as bad, illegal, contrary to law, violative of principles of naturat justice, violative of Article 300-4 of the Constitution of lndia and consequently set aside the Notices dated 21112025 and 161112025 by directing the respondents not to interfere with

the Petitioner s land admeasuring Ac.3.00 guntas in Survey Nos. 87112711 and 2 of Chennampalli Village, Kollapur Mandal, Nagar Kurnool District.

|.A.NO:1 OF 202s

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 respondents not to dispossess the Petitioner from the land admeasuring Ac.3.00 guntas in Survey Nos. 87112711 and 2 of Chennampalli Village, Kollapur lt4andal, Nagar Kurnool District, pending disposal of the writ petition.

Counsel for the Petitioner : SMT A.ANASUYA

Counsel for the Respondent Nos.1 & 2 : AGP FOR REVENUE

Counsel forthe Respondent No.3 : AGP FOR FORESTS

The Court made the following ORDER

HON'BLE^{MRS. JUSTICE SUREPALLI NANDA}

w RIT PE TIO NN^.459of205

ORDE

.^{Heard smt. A. Anasuya,learned counsel appearing} on behalf of the^{petitioner,learned Assistant Government} Pleader for^{Revenue, appearingon behalf of respondent} Nos.l and^{2 and learned Asst' Government Pleader for} Forests appearing^{on behalf of respondent No'3'}

The petitioner^{approachedthe Court seeking prayer}

as under:

"-..to issue^{a Writor Order or orders or direction mainlyin} the nature^{of Writ af Mandamusby declaring the Notices} issued by the^{ForestRangeOfficer'Kollapur dated} 2/t/2O25^{and L6/l/2O25addressed to the husband of the} Petitioner Sri^{Kethuri Venkateswara Swami not to enter the} land without^{specifyingany particularsof the land or} Village where^{the forest land is encroached by violating the} Forest Act^{and not looking into therepresentation} submitted^{by the Petitionerdated 241U2O25duly giving} particulars of^{assignment of patta given by the then} Government^{of AndhraPradesh way back in the year 1996} as bad,^{illegal, contrary to law, violative of principles of} natural^{justice violative of Article 300-4 of the Constitution} of India and^{consequentlyset aside the Notices dated} 2lt/2}25^{and 16/l/2025by directing the respondentsnot} to interfere^{with the Petitioner's land admeasuringAc'3'00}

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SN. J wP 4559 2025

guntas in Survey Nos.87/727/I and 2 of Chennampalli Village Kollapur Mandal, Nagar^{Kurnool District and pass...".}

The case of the^petitioner, in brief, is that the^petitioner was assigned agricultural land to an^{extent of Ac.3.00 guntas in} Sy.No.87l1 situated in Chennampally^{Village, Kollapur Mandal} and was issued Final Patta Certificate in^{Proceedings No.B/F/} 1346/96, dated 25.03.1996 and the^{petitioner was} also^issuede- pattadar pass book for the subject land. The forest Range Officer, Kollapur served a notice addressed to^{the husband} ofthe petitioner on 02.01.2025 stating that, from 09.01.2025 onwards the petitioner's husband shall not cultivate the^{subject land and} the Forest Officers are having right over the^same as^{per Forest} Act, 1967 as the husband of the^petitioner has violated^the Telangana Forest Act, 1967 by doing agriculture in the forest land.

It is the specific case of the petitioner that^petitioner received notice dated 16.01.2025 issued by the 3'd respondent herein calling upon the petitioner to submit petitioner's explanation alleging that the petitioner is violating the^provisions of Forest Act and further calling upon the petitioner to cooperate with the Forest Range Officer to hand over the petitioner's land

SN, J wP 45i9 202i

to the Forest Department.^rti furth r case oft^{he Detition er} L.2 nd n a o2.o1 .2025 d d not refer to^{anv Da} iculars of the and which the etitioner had^{e ncroached upn illeqallv,The} petitionersubmittedadetailedexplanationtothesaidnotices v/de petitioner's^{representation dated 24'0l'2025,which was} even acknowledged^{by the office of the 3'd respondent hereinon} 24.O1.2025. However,^{the same had not been considered by the} respondents.^{Aggrieved by the saidnotlces dated02'01'2025} and 16.01.2025^{the present writ petitionis filed'}

The learned Assistant^{Government Pleader for Forests} submits that the^{writ petition could be disposedof by directing} the 3'd respondent^{to considerthe explanation furnished by the} petitioner in response to the^{noticesdated 02'01'2025 and} 16.01.2025 addressed^{to the husband of the petitionbr,within a} reasonable Period.

5 The learned counsel^{aooearino on behalf of the} ton di e b lo e the Iea rned^{Assista nt} Gove ment Pleader for Fo sts.

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SN, J wP 4559 2025

5. Takino into onsideration:

(a) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Forests,

(b) The contents of the notices dated O2.O1.2025 and 16.01.2025 issued to the husband of the petitioner,

(c) The contents of the petitioner's detailed explanation dated 24.O1.2O25 submitted by the petitioner in response to the notices dated O2.O1.2025 and 16.01.2025 issued to the petitioner by the 3'd respondent herein,

(d) The fact that admiftedly as borne on record, no orders have been passed as on date duly considering the petitioner's explanation dated 24.01.2O25 furnished by the petitioner to the respondents herein,

The writ petition is disposed of directing the 3'd respondent to consider the explanation of the petitioner dated 24.01.2025 furnished by the petationer to the notices dated O2.O1.2O25 and 16.01.2025 issued to the husband of the petitioner by the 3'd respondent herein, within a period of four (4) weeks from the date of receipt

5

SN, J wP 4559²⁰²⁵

of a copy of^{the order. in accordanceto law, in conformity} with principles^{of natural} iustice^{by giving a reasonable} opportunity of^{personalhearing to the petitionerherein} and duly communicate^{the decision tothe petitioner} within two^{(2) weeks thereafter'}

Till the above^{exercise is initiatedand completed by} passing of appropriate^{orders by the 3'd respondent herein} as per the directions^{as issuedas above within the time} period as stipulated as^{above, the respondentsare} directed not to^{initiate any action against the petitioner} herein in respect^{of petitioner's land admeasuring land to} the extent of^{Ac.3.OO guntas in Sy'No' 8711 situated in} Chennampalty^{Village, Kollapur Mandal' However' there} shall be^no order^{as to costs.}

As a sequel, the^{miscellaneous petitions,lf any,pendingin}

the Writ Petition^{shall also stand closed.}

SD/. P.^{GOWRI SHAKAR} ASSISTANT^REG

I/TRUE^COPY//

\

SECTION^OFFICER

to , . ,n" Principal^{Secretary, (Revenue) Department' Telangana Secretariat'State} of Telangana^{at HYderabad-}

z. ifre oistiict^{Collector,NagarKumool District'}

;. il; F";.in.ngu^{offi"uiKollapur' Nagar Ku.rnoolDistrict'}

Two ccs^{to Gp Fod'i#viirlilf,-riigh6ourt tor the state of Telansana at} HYderabad. IOUTICCs

Two HYderabad. IOUTICCs^{to GP FORFORESTS'High Court for the State of Telanganaat} HYderabad' [OUT]

One CC^{io SfvlfA'ANASUYA' Advocate [OPUC]}

7',^Two CD^CoPies

r@*

, ',^-,&.-e-tt-'-i

II I ,

C.C. TODAY

HIGH COURT

DATED:17 10212025

ORDER

WP.No.4559 of 2025

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DISPOSING OF THE W.P

WITHOUT COSTS.