Telangana High Court
Katiboina Suramma And 26 Others vs State Of Telangana And 10 Others on 17 November, 2022
Author: P.Madhavi Devi
Bench: P.Madhavi Devi
THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI
WRIT PETITION No.40958 of 2022
ORDER:
This Writ Petition is filed seeking a writ of mandamus declaring the action of the respondents No.8 to 11 in refusing to follow the procedure and to take steps as provided in RoFR Act 02 of 2017 for processing the claims filed by the petitioners and claims which are received by respondents No.10 and 11 to recognize their forest rights and the inaction of other respondents in taking any corrective action over the representations of the petitioners dated 13.10.2022, 14.10.2022 and 04.11.2022 as illegal and arbitrary and consequently to direct the respondent authorities to consider the representation of the petitioners and follow the due procedures as provided under RoFR Act 02 of 2017 to recognize the forest rights of the petitioners over the subject lands of Bugga Grampanchayat, Manuguru Mandal, Bhadradri Kothagudem District and to pass such other order or orders.
2. Learned counsel for the petitioners has filed before this Court, the copies of the proceedings of the Project Officer, ITDA, 2 Bhadrachalam dated 03.11.2021 wherein, there is a reference to the instructions issued by the Government of Telangana for implementation programme for issuance of individual forest rights to the eligible beneficiaries which were to be commenced from 08.11.2021 onwards. Learned counsel for the petitioners submits that pursuant thereto, the petitioners have submitted their claim petitions on 16.11.2021 and has drawn the attention of this Court to the copies of the receipts issued by the respondents in proof thereof. He submits that since the respondents did not take any further action on the claim petitions, the petitioners have made representations dated 13.10.2022, 14.10.2022 and 04.11.2022. He submits that pursuant to the directions of the Government, the respondents are conducting a survey and are taking steps to recognize the forest rights of the dwellers in terms of RoFR Act, but the respondents have not taken into consideration the claim petitions of the petitioners.
3. Though the learned Government Pleader for Forest has sought time to get instructions on the earlier occasion and since no instructions are forthcoming, this Court deems it fit and proper to 3 direct the respondents No.8 to 11 to consider the claim petitions of the petitioners also in the survey that is being currently conducted and take a decision thereon in accordance with law expeditiously.
4. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
_____________________________ JUSTICE P.MADHAVI DEVI Date: 17.11.2022 Note: Furnish C.C. today PRN /TU 4 11 THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI WRIT PETITION No.40958 of 2022 Date: 17.11.2022 Note: Furnish C.C. today PRN /TU