Telangana High Court
Banoth Bhadri vs The State Of Telangana on 27 March, 2024
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
Writ Petition No.7936 of 2024
ORDER:
Aggrieved by the action of respondents particularly respondent Nos.3 to 5 in trying to dispossess the petitioner's patta agriculture land admeasuring Ac.12-13 gts., situated at Compartment No.8, Paathimedhagumpu Village, Singareni Mandal, Khammam District and also to direct respondent Nos.3 to 5 not to disturb the peaceful possession of the petitioners, this writ petition is filed.
2. Learned counsel for the petitioners submits that petitioner No.1 is the owner and possessor of Ac.7-30 gts., and petitioner No.2 is the owner and possessor of Ac.5-21 gts., situated at Compartment No.8, Paathimedhagumpu Village, Singareni Mandal, Khammam District respectively. The Government has also issued ownership certificate to both the petitioners under Forest Rights Act. It is submitted that they are in possession and enjoyment of the said land since 50 years.
2
3. The main grievance of the petitioners is that respondent Nos.4 and 5 and their staff, who have nothing to do with the scheduled land taking advantage of their official power are continuously interfering with the peaceful possession of the petitioners' schedule property and trying to dispossess them and are also trying to damage the standing crop. Questioning the action of the said respondents, the present writ petition is filed.
4. Learned Government Pleader for Forest appearing on behalf of respondent Nos.3 to 5 has placed a copy of instructions issued by Forest Range Officer, Karepally in which it is stated that as a part of regular perambulation, the respondent authorities have perambulated the area of Patimeedigumpu beat jurisdictional area for checking any extension of RoFR areas by the RoFR patta holders. It is further submitted that it is the bounden duty of forest staff concerned for taking measures for protection of forests and control of encroachments and that during such regular perambulation in Compartment No.8 of Patimeedigumpu beat of Cheemalapadu RF area of Karepally range of 3 Khammam Division, the respondents have strictly instructed to the RoFR title deed holders cum petitioners that they shall not extend the existing RoFR areas. It is further submitted that respondent Nos.3, 4 and 5 have neither interfered and nor disturbed the peaceful possession of the petitioners and their RoFR title deed area. It is also submitted that petitioners have filed the present writ petition with an intention to discourage forest staff from regular perambulation so as to stop encroachments with such petitions and extent their RoFR title deed area under the guise of the directions of this Court.
5. Learned Government Pleader would further submit that they would follow due process of law before initiating any action on the petitioners, if necessary. Learned counsel for the petitioner also submits that they would confine their agriculture activities as per the patta certificate and they would not encroach into the forest land. 4
6. Recording the submissions of learned counsel on either side, this writ petition is disposed of with a direction to petitioners no to encroach any forest land and confine their agricultural activities to their own patta land i.e., Ac.12-32 gts., situated at Compartment No.8, Paathimedhagumpu Village, Singareni Mandal, Khammam District and respondent Nos.3 to 5 are also directed not to interfere with the petitioners land as mentioned in the title deeds and they shall follow due process of law before initiating any action against the petitioners.
7. With the above directions, this writ petition is disposed of.
Miscellaneous petitions, pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ N.V.SHRAVAN KUMAR, J 27.03.2024 MRM