Muthi Dhanamma, Vs The State of Telangana

Petition under Article 226 of lhe^{Constitutionof lndia praying that in the} circumstances stated^{in the affidavit fited therewith,the Highcourt may be} pleased to issue writ or direction^{preferably writ of Mandamus,declaringthe} action of Respondents^{No.4 in consideringand disposingthe applicationvide} ROFRO221OO4.l 3656^{of the petitroner submittedin respectof land in survey} No.45211lAl3, 45211tAl3t1^{situated at DharmapuramVillage, Bayyaram Mandal,} Mahabubabad District^{in part, whichwas registered in the claim registers1. No.} 1O2712-No.2O1,^{page No.26. dt.17.11 .2021, as illegal, arbitrary and violative of} Principles of natural^{justice and consequentially directthe Respondent Nos.2 to} 6 to issue Recognition^{of Forest RightPatta in favour of petitioner in respectof} land to an extent of^{Ac.2.00 guntas in survey Nos.452l1lN3,452111N311} situated at Dharmapuram^{village,Bayyaram Mandal, Mahabubabad District.}

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondent No.2 to 6 to consider and dispose of the application vide ROFR0221 00413656 of the petitioner submitted in respect of land in Survey No.4521 11N3,452111N3/1 situated at Dharmapuram Viilage, Bayyaram Mandal, Mahabubabad District, pending disposal of the writ petition in the interest of justice.

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Counsel for the Petitioner: SRI SUBBA RAO VAOREVU Counsel for the Respondent Nos.1 TO 4: AGp FOR FORESTS Counsel forthe Respondent Nos.S & 6: GP FOR REVENUE

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The Court made the following: ORDER

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-7/

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HON,BLE^{MRS.JUSTICESUREPALLI NANDA}

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WRIT PETITION^{No.5987 of 2025}

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OR DE R:

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Heard Sri^{Subbarao Vadrevu'learned counsel} appearing on^{behalf of the petitioner and the learned} Assistant Government^{Pleader for Forests' appearing on} behalf of the^resPondents'

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2 r c t ki e

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as under:

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"...to issue^{Writ or direction preferablyWrit of} Mandamus,^{declaring the action of RespondentsNo'4 in} considering^{anddisposinq myapplication vide} ROFR022100413656,^{submitted in respectof land in} Survey^{No.452/1lA/3,452irlAl3/1 situatedat} Dharmapuram^{Village, Bayyaram Mandal'Mahabubabad} District in^{part, which was registered in the claim} register S1.No.102712-No'201,^page No'26' dt.l7.ll.2OZl,^{as illegal, arbitrary and violativeof} Principles of^{naturaljustice and consequentially direct} the Respondent^{Nos.2 to 6 to issue Recognition of} Forest Right^{Patta in favour of petitionerin respect of} land to an^{extent ofAc 2'00 guntas inSurvey} Nos.452luAl3,^{4521!lA/3/1situated at Dharmapuram} Village,^{Bayyaram Mandal,MahabubabadDistrict and} pass such other^{or further orders as this Hon'ble Court}

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may deem fit and proper in the circumstances of the case. "

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The case of the petitioner, in brief, is that the petitioner is in possession and enjoyment of the land to an extent of Ac.4.00 guntas in Sy.Nos.452l1 /A/3 and 452/l/A/3/t at Dharmapuram village, Bayyaram Mandal, Mahabubabad District and the petitioner is a member of the Schedule Tribe (Koya). The petitioner has been living in Dharmapuram Village since decades and dependent on forest land for his livelihood. The petitioner had registered in the craim register at seriar No.102712_No.201, page No.26, dated 17.11.2021 for issuance of Recognition of Forest Rights (RoFR) patta in respect of the land to an extent of Ac.4.00 guntas in sy.Nos.452/L/A/3 and 4s2/1/A/3/t at Dharmapuram Village, Bayyaram Mandal, Mahabubabad District, which is in possession and enjoyment of the petitioner since many decades. However, the respondent authorities have only rssued a patta for an extent of Ac.2.O0 guntas of land in Namalapadu Village, leaving the remaining extent of Ac.2.00 guntas pending. Aggrieved by the same, the petitioner filed the present writ petition.

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SN. J wt 59{i7 2025

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It is the specific grievance of the petitioner that inspite of registration of the petitioner in the claim registrar at serial No.102712-No.201, page No.26, dated t7.tL.202t, no orders had been passed by the respondent Nos.2 and 5 as on date.

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Learned Assistant Government^pleader for Forests, appearing on behalf of the respondents submits that the writ petition could be disposed of directing the respondent Nos.2 and 5 to consider the application of the petitioner dated L7.LL.?O2L in accordance to law and pass appropriate orders within a reasonable period.

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6. Takin into consideration:

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a) The aforesaid facts and circumstances of the

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case,

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b) The submissions put-forth by the learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Forests, appearing on behalf of the respondents and,

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c) The fact as borne on record that no orders had been passed on petitioner's application dated L7.tt.ZO2L

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SN. J wP 59E7 2025

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which had been registered in the claim register at serial No.1O2712-No.2Ol, page No.26 dated L7.LL.2O2L pertaining to issuance of Recognition of Forest Rights (RoFR) patta, an respect of the land to an extent of Ac.4.OO guntas in Sy.Nos.4Szl1lAl3 and 452/t/Al3lL ot Dharmapuram Village, Bayyaram Manda!, Mahabubabad District,

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The writ petition is disposed of directang the respondent Nos.2 and 5 to consider the application of the petitioner dated 17.11.2O21 which was registered in the claim register at serial No.1O2712-No.201,^page No.26 seeking assuance of Recognition of Forest Rights^(RoFR) patta in respect of the land to an extent of Ac.4.OO guntas in Sy.Nos.452/L/A/3 and 452/LlA/3/L of Dharmapuram Village, Bayyaram Mandal, Mahabubabad District and^pass appropriate orders on the said application within a^period of four(4) weeks from the date of receipt of a copy of this order in accordance to Iaw in conformaty with the principles of natural justice, by providing an opportunity of personal hearing to the petitaoner. However, there shall be no order as to costs.

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As a sequel, the miscellaneous^petitions, if any,^pending in

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the Writ Petition shall also stand closed.

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SD/. L. VIJAYA^LAXMI STANT REGISTRAR

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//TRUE^COPY//

SECTION OFFICER

To

. Ambedkar^Secretariat

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1 . The^{PrinciPal Secretary,Forest DePartment, Dr}

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Buildings, At^{Hyderabad,State of Telangana}

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23 The The District Divisiona^{ForestI Forest Officer,Officer,Mahabubabad,Mahabubabad,Mahabubabad DistrictMahabubabad District.} 4 The Forest^{Rang e officer,BaYYa ram, Mahabubabad District} 5 The Revenue^{Divisional Officer,trilahabubabad, Mahabubabad District} 6 The Tahsildar, Bayyara m Mandal,^{Mahabubabad District} vl

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