Telangana High Court
Rathod Prakash vs State Of Telangana And 2 Others on 3 January, 2023
HONOURABLE SRI JUSTICE J. SREENIVAS RAO
WRIT PETITION Nos.42085, 42089, 42091, 42093, 42097,
42098, 42099, 42102, 42103, 42106, 42108, 42114, 42117,
42170 and 42172 OF 2022
COMMON ORDER:
As common question of facts and law are involved in all these writ petitions, they are heard together and disposed of by this common order.
2. In all these writ petitions the petitioners are seeking a Writ of Mandamus to declare the action of the respondents No.2 and 3 in restraining the petitioners from removing bamboos which have been raised naturally in their lands under forest situated at Karanjiwada, Karanjiwada Village, Kerameri Mandal and Division, Asifabad District and consequently to direct the respondents to consider the representation of the petitioners dated 08.02.2022 and pass suitable order as this Court deems fit and proper in the circumstances of the case.
3. Brief facts leading to the filing of the present writ petitions are that the petitioners in all these writ petitions have been issued title deeds in respect of their agricultural lands under forest office situated at Karanjiwada, Karanjiwada Village, Kerameri Mandal and Division, Asifabad District and the JSR,J W.P.Nos.42085, 42089, 42091, 42093, 42097, 42098, 42099, 42102, 42103, 42106, 42108, 42114, 42117, 42170 and 42172 of 2022 2 petitioners have been put in physical possession of the same for more than a decade ago. The petitioners submit that they belong to Schedule Tribe and therefore, the Government has assigned these lands to them to raise crops by cultivating the lands for their survival. It is submitted by the petitioners that they are raising the seasonal crops in the agricultural land depending upon the availability of water resources and that they never planted any bamboo sticks in the land assigned to them for carrying out agricultural activities. It is submitted by the petitioners that on 09.02.2022, they wanted to remove unplanted and unwanted bamboo sticks from their fields, but the forest officials obstructed for the same. Thereafter, on the advice of the elders, the petitioners made representations to the respondents No.2 and 3 narrating all these facts and requested them not to interfere with their removal of bamboo sticks, but in spite of more than ten months, the respondents failed to respond to their grievance/representations. Therefore, they filed the present writ petitions.
4. It is submitted by the petitioners that unless they are permitted to remove the bamboo sticks from their land granted JSR,J W.P.Nos.42085, 42089, 42091, 42093, 42097, 42098, 42099, 42102, 42103, 42106, 42108, 42114, 42117, 42170 and 42172 of 2022 3 under patta certificate, they will not be able to cultivate their lands and raising better crops by using entire land.
5. Learned counsel for the petitioners, while reiterating the submissions made in the writ affidavit, has drawn the attention of this Court to the photographs filed by them and would contend that the bamboo sticks have grown naturally in their fields but are coming in the way of cultivation and therefore, they are seeking the permission of the authorities to cut the bamboo sticks which are coming in the way of cultivation and wanted to remove the same from their lands.
6. The learned counsel for the petitioners submits that in similar circumstances, this Court disposed the Writ Petition Nos.18932 and 18963 of 2022 on 10.11.2022 directing the respondent Nos.2 and 3 to consider and dispose of the representations of the petitioners, after physical inspection of the land and if they noticed that long bamboo trees are grown in the middle of the land are creating hindrance or hurdle in carrying out the agricultural operations only, then they may consider their representations, granting permission to remove such bamboo trees only.
JSR,J W.P.Nos.42085, 42089, 42091, 42093, 42097, 42098, 42099, 42102, 42103, 42106, 42108, 42114, 42117, 42170 and 42172 of 2022 4
7. Learned Government Pleader, on the other hand, relied upon on the averments made in the counter affidavits and would submit that on receipt of the applications/representations of the petitioners, officers have verified the location on the field and found that the area claimed by the petitioners for removing long bamboo falls in the reserve forest area of Manikgarh Compt.No.14, Devapur South beat of Kerameri range and the title deeds were given to the petitioners as per ROFR Act and rights were recognized only for the cultivation and livelihood of the petitioners. It is submitted by the petitioners that they are entitled for cultivation to raise agricultural crops for the bona fide needs of their livelihood, but they do not have any rights over the forest produce and wildlife existing on the reserve forest lands. It is submitted that the long bamboos, which are sought to be removed by the petitioners, falls under the definition of Forest Produce under Section 2 of TS Forest Act 1967 and also wildlife Rule under Section 2 Sub section 37 of the Wildlife Protection Act 1972 and hence, removal of any Forest Produce and Wildlife from the notified Reserve Forest Area is in contravention of the provisions of Telangana State Forest Act 1967 and Wildlife Protection Act 1972. He thus, submitted that the petitioners are not entitled for grant of any permission for JSR,J W.P.Nos.42085, 42089, 42091, 42093, 42097, 42098, 42099, 42102, 42103, 42106, 42108, 42114, 42117, 42170 and 42172 of 2022 5 removal of such forest produce and wildlife from the Reserve Forest Lands.
8. It is further submitted that removal of long bamboos will lead to more soil erosion or may cause other ecological imbalance in the forest and nature and as the long bamboos will be nourished by various wild animals in the tiger reserve, the removal of such long bamboos is detrimental to wildlife in buffer zone of Kawal Tiger Reserve as the area claimed for felling of bamboo falls in buffer zone of Kawal Tiger Reserve.
9. It is further submitted by the petitioners that the land was allotted to the petitioners for their livelihood under ROFR Act and as per Section 3(1)(a) of Forest Rights Act 2006 "right to hold and live in the forest land under the individual or common occupation for habitation or for self-cultivation for livelihood by a member or members of forest dwelling scheduled tribe or other traditional forest dwellers". Therefore, those persons, who live in forest as on 13.12.2005 were given rights over the forest lands for cultivation and their bona fide needs of livelihood, but the petitioners are prohibited from cutting and degrading the forest area. Thus, he prayed for dismissal of the writ petitions.
JSR,J W.P.Nos.42085, 42089, 42091, 42093, 42097, 42098, 42099, 42102, 42103, 42106, 42108, 42114, 42117, 42170 and 42172 of 2022 6
10. Learned counsel for the petitioners have also filed replies to the counter affidavits stating that the petitioners are seeking permission to cut the bamboo trees which had grown naturally in their agricultural fields and which are causing hurdle in carrying out cultivation of lands given by the respondents for their survival. It is further submitted that the agricultural lands of the petitioners are not situated in the Reserve Forest Area where agricultural operations are restricted. He further submits that the petitioners are carrying out only agricultural activities and are not growing bamboo trees in their fields. It is submitted by the petitioners that they are only seeking removal of unwanted trees for better enjoyment and for cultivation of lands. The learned counsel for the petitioners also denies that the petitioners' lands are situated in Tiger Reserve Forest Area or in the buffer zone of Kawal Tiger Reserve.
11. Having regard to the rival contentions of the respective parties, and the material filed along with the writ petitions and the further fact of the orders passed by this Court in W.P. No.18982 of 2022 and W.P. No.18963 of 2022, this Court deems it appropriate to direct the respondent Nos.2 and 3 to consider the representations of the petitioners, after physical inspection of JSR,J W.P.Nos.42085, 42089, 42091, 42093, 42097, 42098, 42099, 42102, 42103, 42106, 42108, 42114, 42117, 42170 and 42172 of 2022 7 the land of the petitioners in their presence and if the respondents notice that long bamboo trees are in the middle of the land of the petitioners as per their patta certificates and creating hindrance in carrying out the agricultural operations then they may consider the request of the petitioners by granting permission to remove such bamboo trees only. The above said exercise shall be completed within a period of not more than (10) weeks from the date of receipt of copy of this order.
12. With the above directions, the writ petitions are disposed of. No order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
_________________________________ JUSTICE J. SREENIVAS RAO 03-01-2023 Skj.
JSR,J W.P.Nos.42085, 42089, 42091, 42093, 42097, 42098, 42099, 42102, 42103, 42106, 42108, 42114, 42117, 42170 and 42172 of 2022 8 JSR,J W.P.Nos.42085, 42089, 42091, 42093, 42097, 42098, 42099, 42102, 42103, 42106, 42108, 42114, 42117, 42170 and 42172 of 2022 9 HON'BLE SRI JUSTICE J. SREENIVAS RAO WRIT PETITION Nos.42085, 42089, 42091, 42093, 42097, 42098, 42099, 42102, 42103, 42106, 42108, 42114, 42117, 42170 and 42172 OF 2022 Dated: 03.01.2023 Skj.
JSR,J W.P.Nos.42085, 42089, 42091, 42093, 42097, 42098, 42099, 42102, 42103, 42106, 42108, 42114, 42117, 42170 and 42172 of 2022 10