Telangana High Court
Kaka Suresh vs The State Of Telangana on 6 June, 2022
Author: P.Madhavi Devi
Bench: P.Madhavi Devi
W.P.No.11264 of 2022
1
THE HONOURABLE SMT. JUSTICE P.MADHAVI DEVI
WRIT PETITION No.11264 of 2022
O R D E R:
This Writ Petition has been filed seeking a writ of mandamus declaring the action of the Respondents in not considering the representation of the petitioners dated 09.02.2022 in restoring the Podu lands which are being cultivated by the petitioners for the past 25 years as illegal and arbitrary and consequently to direct the Respondent Nos.2 and 3 to dispose of the representation of the petitioners dated 09.02.2022 and to direct the Respondent No.2 to grant pattas in respect of the Podu lands being cultivated by the petitioners and to pass such other orders as this Court may deem fit and proper in the circumstances of the case.
2. Brief facts leading to the filing of this Writ Petition are that the petitioners are two in number and they claim to be cultivating the forest lands for the past 25 years and eking out their livelihood. It is submitted that they are the residents of Vulavanoor Mallaram Village, Paloncha Mandal and belonging to Scheduled Tribes. It is submitted that they have been requesting the revenue authorities to grant pattas in their favour in respect of Podu lands and the latest W.P.No.11264 of 2022 2 representation is dated 09.02.2022. It is alleged that, no decision has been taken on the said representations, but the local Paloncha Forest Officers have recently come to the lands along with JCBs and have destroyed their cotton crop and started digging pits around the lands, thus preventing the petitioners from going into their lands. Challenging the said action of the respondents in not disposing of the representation of the petitioners dated 09.02.2022 and seeking a consequential direction to the respondents to issue patta pass books to the petitioners, the present Writ Petition has been filed. The copy of the representation dated 09.02.2022 along with the acknowledgment of the receipt of the application are filed along with this paper book.
3. Learned Government Pleader on instructions submits that the petitioner No.1 is not a resident of Mallaram Grampanchayat but he is resident of Gangadeviguppa, Dantelaboru GP of Palvancha Mandal and he is not in possession of any Forest land in the vicinity of Mallaram Village. As regards the petitioner No.2, it is submitted that he has migrated from Chattisgarh State and belongs to Gottikoya community which is not recognized as Scheduled Tribe in the State of Telangana. In view of the above, it is submitted that none of the W.P.No.11264 of 2022 3 petitioners are in possession or cultivation of any forest land and therefore their application stating that they are in possession of podu lands is false. It is further submitted that the subject lands are notified as Reserved Forest under Section 15 of T.S.Forest Act, 1967 and hence, patta cannot be given to the petitioners in respect of the same. It is also submitted that the said land is a forest area but due to felling of trees, the Respondents have taken up the planting season to rejuvenate the forest cover under the Telangana Government's Flagship Programme "Telanganaku Haritha Haram"
and in order to improve the Wildlife habitat in deep forest area and as such, digging of cattle proof trench around the said site has been commenced and completed as pre-planting operations for taking up planting activity during 2022 planting season i.e. June/July-2022 is soon approaching. The Satellite imagery-2015 of the relevant area was also filed to show that it was covered with vigorous forest growth, but is not under cultivation. Also to disprove the contention of the petitioners that they were cultivating the said land for the past 25 years, learned Government Pleader also placed reliance upon the judgment of this Court in similar case in W.P.No.30 of 2019 dated 13.12.2019 wherein it is held that "the reserve forest land cannot be used/diverted for any purpose other than development of W.P.No.11264 of 2022 4 forest growth. Revenue authorities have no competence to deal with forest land and assign such land". It is therefore, submitted that the claim of the petitioners is not correct and the prayer cannot be granted, as particularly the said lands are located in "Kinnerasani Wildlife Sanctuary". The copy of the notification dated 03.07.1971 declaring the above lands are 'reserved forest lands' is also filed before the court. The photographs of cattle proof trench being dug in the area are also filed.
4. Having regard to the rival contentions and the material on record, this court noticed that though the petitioners claim that they are cultivating the subject lands for the past 25 years, no proof thereof have been filed. The petitioners have only made a representation dated 09.02.2022 without any evidence substantiating their claim. The Respondents have filed the photographs, from which it is seen that trenches are being dug around the land.
5. In view of the above, the prayer of the petitioners to direct the Respondents to grant patta in their favour cannot be granted. However, the Respondents are directed to dispose of the representation of the petitioners dated 09.02.2022 by way of W.P.No.11264 of 2022 5 speaking order within a period of sixty (60) days from the date of receipt of copy of this order.
6. The Writ Petition is accordingly disposed of. No order as to costs.
Miscellaneous applications, if any pending, shall also stands closed.
_________________________ JUSTICE P.MADHAVI DEVI Date:06.06.2022 ns