Telangana High Court
Penuballi Sriramulu vs State Of Telangana on 25 November, 2024
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.32552 of 2024
ORDER:
Heard learned counsel for the petitioners and learned Assistant Government Pleader for Forests appearing on behalf of respondent Nos.1 and 6; learned Government Pleader for Social Welfare appearing on behalf of respondent No.2 and learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.3 to 5. With their consent, this writ petition is being taken up for disposal at the admission stage itself.
2. This writ petition is filed to declare the inaction of respondent Nos.2 and 3 on proceedings of Grama Sabha Resolution dated 05.07.2023 and Rc.No.MPDO/ROFR/1/2023 dated 25.07.2023 and keeping pending the RoFR pattas of petitioners by respondent Nos.2 and 3 as illegal, arbitrary and contrary to the provisions of Section 22-A of Registration Act, 1908 and consequently direct respondent Nos.2 and 3 to act upon the said resolution of Gramsabha dated 25.07.2023.
3. It is submitted by learned counsel for the petitioners that petitioners, who belong to Schedule Tribes, were eking out their livelihood by doing Podu cultivation in the forest land and are 2 dependent on forest produce. It is submitted that the petitioners are entitled to forest rights in respect of the forest land which they were in possession under Section 3 of Schedule Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (for short 'the RoFR Act' hereinafter). Accordingly, they have made applications before the Gramasabha of Arlagudem Village and the Gramasabha recognized 218 eligible persons for RoFR pattas including petitioners. Subsequently, a resolution was passed by Gramasabha, Arlagudem Village on 05.07.2023 and land pattas were issued to 179 beneficiaries whereas 29 eligible beneficiaries did not receive pattas. However, it is submitted that the said 29 beneficiaries do not possess any land and they are currently cultivating in different locations. Therefore, the Gram Sabha passed a resolution to conduct a survey and ensure that land rights pattas are also granted to the remaining eligible beneficiaries. It appears that the said resolution was signed by Panchayat Secretary and Sarpanch of Gramasabha, Arlagudem Village.
4. Learned counsel for the petitioners further submit that as per Section 6 of RoFR Act, the State Government shall constitute a Sub-Divisional Level Committee to examine the 3 resolution passed by the Gram Sabha and prepare the record of forest rights and forward it through the Sub-Divisional Officer to the District Level Committee for a final decision. Learned counsel would submit that subsequent to the resolution of the Gram Sabha, no further orders have been passed till date.
5. Learned Assistant Government Pleader for Forest has placed a copy of instructions issued by Forest Divisional Officer, Bhadrachalam and would submit that as per the Annexure of the Gramasabha resolution dated 05.07.2023, it is evident that the eligible claims were recommended and some of the claims were not recommended as they are having no land and some are already granted patta rights certificates during the first phase of implementation of RoFR Act.
6. In view of the above, since the instructions produced are incomplete, without going into the merits of the case, this writ petition is disposed of with a direction to respondent Nos.2, 3 and 4 to examine the Gramasabha resolution dated 05.07.2023 and the stage of recommendations at the Sub-Divisional Officer and pass appropriate orders within a period of four (4) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion on merits and respondent 4 Nos.2, 3 and 4 authorities shall follow the provisions of RoFR Act and pass appropriate orders.
7. With the above directions this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs.
_________________________________ JUSTICE N.V.SHRAVAN KUMAR Date: 25.11.2024 mrm