Telangana High Court
Surakanthi Padma vs The State Of Telangana And 3 Others on 26 October, 2022
Author: P.Madhavi Devi
Bench: P.Madhavi Devi
THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI
WRIT PETITION No.15859 of 2020
ORDER:
This Writ Petition has been filed seeking a Writ of Mandamus declaring the action of the Respondents No.1 to 4 herein in constructing boundary pillar in Sy.No.134/AA in the land belongs to the petitioner, by showing the extent of Ac.0.10 gts, of land as forest land as illegal and arbitrary and consequently to direct the respondents No.1 to 4 to remove the constructed boundary pillar and to pass such other order or orders.
2. Brief facts leading to the filing of the present Writ Petition are that the petitioner claims to have purchased the agriculture land in Sy.No.134/AA of Lakkaram Village admeasuring Ac.1.06 gts., under registered Sale Deed No.2029/1990 dated 07.09.1990. It is submitted that the petitioner has got her name mutated in the revenue records also and has obtained the Title Deed No.221860.
3. It is further submitted that in the year 2008, a survey was conducted by the District Survey Officer and on fixing the boundary of the Sy.No.134, the Forest Authorities have constructed the boundary pillars in Sy.No.129 on the southern side of the petitioner's property to 2 PMD,J W.P.No.15859 OF 2020 encircle their land by barbed wire. It is submitted that without issuing any notice to the petitioner, the Forest Officials have illegally trespassed into Sy.No.134 by damaging the existing crops of the petitioner and fixed boundary pillar and tried to fence the petitioner's land. The petitioner seems to have made representations to the Revenue Divisional Officer and Deputy Inspector of Survey for conduct of survey and as per the representation, on 24.06.2008, the RDO and Deputy Inspector of Survey issued notices to conduct survey and panchanama. The Panchanama was recorded in file No.J/1620/2008 dated 13.07.2008. It is submitted that though the panchanama and survey reports mentions that survey was conducted in the presence of all the relevant parties and has been found that the boundary pillar is shown as fixed in the property of the petitioner, the Forest Officials are not removing the boundary pillar constructed in Sy.No.134.
4. It is further submitted that since 2008, the respondents No.3 and 4 are repeatedly interfering with the petitioner's property and tried to encircle the petitioner's property to an extent of Ac.0.10 gts illegally and therefore, the petitioner has filed the present Writ Petition seeking a direction to the respondents to initiate necessary action.
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5. Learned counsel of the petitioner reiterated the submissions made in the writ affidavit and has drawn the attention of this Court to the survey report and panchanama of the survey conducted in the year 2008 onwards and also the tonch map attached to demonstrate that there is a boundary in Sy.No.134 abutting to the Sy.No.129 and there is 'v' shaped angle to the edge of Sy.No.134. He submits that the respondents have occupied the corner angle of Sy.No.134 and have shown the boundary of Sy.No.134 to be straight and thus are interfering with the Ac.0.10 gts of the land of the petitioner. He also filed a copy of the registered Sale Deed dated 07.09.1990 to demonstrate that the southern side of the petitioner's land is bounded by the Forest Department land.
6. The respondent No.3 has filed counter affidavit stating that in the year 2008, the survey was conducted and the petitioner along with the surveyor and others tried to survey the lands by fixing the point well inside the Reserve Forest Block and that inspite of objections raised by respondents No.3 and 4, the surveyor did not show any interest in carrying out the survey effectively. It is further submitted that the said proceedings pertain to Sy.No.134 but not to the surrounding survey numbers, more particularly the Sy.No.129, where 4 PMD,J W.P.No.15859 OF 2020 the boundary pillars were erected. It is submitted that repeated requests made by the District Forest Officer, Nalgonda in Rc.No.3106/2006/S5, dated 08.10.2007, 29.12.2007, 21.04.2008 and 04.05.2010 for survey of the land and for demarcation of the boundaries of Lakkaram II Reserve Forest Block also vide letters dated 13.03.2019, 15.06.2010 and 04.02.2011. It is submitted that the petitioners have never made any representation for removal of the boundary pillars in Sy.No.134/AA. It is submitted that they have erected the boundary pillar only after survey and fixing the forest boundary as per Gazette notification. It is further submitted that the tonch map of Sy.No.134 was issued without conducting any survey by the surveyor and therefore, it is not reliable. The respondents, therefore prayed this Court to dismiss the Writ Petition.
7. Learned counsel for the petitioner has filed additional material papers i.e., photographs to demonstrate interference by the Forest Officials.
8. Learned Government Pleader for Forest has also filed additional counter affidavit refuting the contentions of the petitioner.
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9. Having regard to the rival contentions and material on record, it is noticed that undisputedly, the petitioner is the owner and possessor of Ac.1.10 gts of land in Sy.No.134 and one of boundary of his land i.e., on the southern boundary of the land of the petitioners is the forest land in Sy.No.129. The present Writ Petition is therefore with regard to boundary pillars allegedly constructed by the Forest Department in the land of the petitioner.
10. Learned counsel for the petitioner has relied upon the survey reports of 2008 wherein, the tonch map shows that the angle at the edge of boundary of Sy.Nos.134 and 129. Learned counsel for the petitioner had pointed out that instead of the angle, the respondents are showing the boundary to be straight. The respondents though are refuting the survey report of 2008, have not challenged the said survey report, before the any authorities.
11. This Court under Article 226 of the Constitution of India cannot go into the factual aspects or issue i.e., exact location of the boundary of the Sy.No.134. In view of the same, this Court deems it fit and proper to direct the respondent No.2 to depute Assistant Director of Survey and Land Records, Yadadri-Bhongir District to visit the site by putting the petitioners as well as respondents to notice and fix 6 PMD,J W.P.No.15859 OF 2020 boundaries of the land as per the survey report, 2008 within a period of three (03) weeks from the date of receipt of a copy of this order. After such boundaries are fixed, if the boundary pillar is found to be located in the petitioner's land, then the respondents No.3 and 4 are directed to remove the said boundary pillar within a period of two (02) weeks there from.
12. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous applications, if any pending, shall also stand closed.
_____________________________ JUSTICE P.MADHAVI DEVI Date: 26.10.2022 Note: Furnish C.C. in week PRN/TU 7 PMD,J W.P.No.15859 OF 2020 144 THE HON'BLE SMT. JUSTICE P. MADHAVI DEVI WRIT PETITION No.15859 of 2020 Date:26.10.2022 Note: Furnish C.C. in week PRN/TU