Telangana High Court
M.Ajay And 19 Others, vs Prl.Secy.. Social Welafare Dept., ... on 18 September, 2024
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.18720 of 2016
ORDER:
Heard Sri P.Ravi Shanker, learned counsel appearing on behalf of the petitioners, learned Government Pleader for Social Welfare appearing on behalf of respondent No.1, the learned Government Pleader for Revenue appearing on behalf of respondent Nos.2 to 4 and 7, and the learned Government Pleader for Forest appearing on behalf of respondent Nos.5 and
6.
2. The petitioners approached the Court seeking prayer as under:
"...to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not regularizing and granting pattas in respect of lands in occupation of the petitioners herein i.e., Ac.100.00 guntas in Compartment No.5 of Sarekallu Village, H/o. Yanamboil Panchayat, Forest Beat Mamillavai Range, Yanamboil Division, Paloncha, Khammam District in terms of Section 3(1)(a) of Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 further the action of the respondents 2 5 and 6 herein in threatening the petitioners with eviction is unlawful, arbitrary, irregular and direct the respondents to regularize the occupation of petitioners in the said lands and pass such other order or orders as this Hon'ble Court deems fit and proper in the interest of justice".
3. The case of the petitioners in brief is that the petitioners are residents of Sarekallu Village, H/o.Yanamboil Panchayat, Paloncha Mandal, Khammam District and they all belong to Gutti Koya Community and belong to Scheduled Tribe. They had migrated from neighbouring Chattisgarh State and they are all in possession of less than Ac.8.00 guntas each and total admeasuring to Ac.100.00 guntas since more than 15 years by doing podu cultivation in Compartment No.5 of Sarekallu Village which is called Mamillavai Beat. However, the respondents are not regularizing the lands in favour of the petitioners which are in their occupation since they are entitled for the same as per the Schedule Tribes and other traditional forest dwellers (Recognition of Forest Rights) Act, 2006. Aggrieved by the same, the present writ petition is filed.
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4. The Counter affidavit filed on behalf of respondent No.5 in particular at paragraph No.2 of the counter affidavit is extracted hereinunder:
"In reply to the para No.2, it is respectfully submit that the petitioners are residing in the Sarekallu Village, Yanambail Panchayat, Paloncha Mandal, Khammam District and Sarekallu Village situated in Revenue area, Yanambail Panchayat. These petitioners belongs to Gottikoyas and they are migrated from neighboring Chhattisgarh State. The petitioners are not recognized as Schedule Tribes in Telangana State. Further, it is also submitted that as submitted by the petitioners that they are cultivating small extents of land for the past more than 15 years is not true as the land is under possession of Forest Department. As per Cartosat Images 2005 (Annexure-I), these areas are having Forest growth. It is also further submitted that since last years, the Gottikoyas who migrated from Chattisgarh state have tried to encroach the Forest lands, but the Forest Officials have taken prompt action and prevented their attempts as the land is notified is declared to Reserve Forest of Mamillavai Block. Further, it is also submitted that, regarding the question of regularization of lands as per RoFR Act, 2006 is not permissible as they are not entitled. In this regard, it is humbly submit that the recognition and vesting of Forest Rights under RoFR Act to the Forest Dwelling 4 Scheduled Tribes and to other Traditional Forest Dwellers in respect of Forest land and their habitat shall be subject to the condition that such scheduled tribes or Tribal communities are in occupation of Forest land before 13.12.2005. The Traditional Forest Dwellers eking out their livelihood and who are in possession of Forest land for three generation(75) years before 13.12.2005. Here, the petitioners are not scheduled tribes of Telangana State and also not in possession of Forest land as Traditional Forest Dwellers. These Gottikoyas have not resided/occupied the Forest land since (75) years before 13.12.2005. Hence, the petitioners statement is totally false, as they are not in possession of any Forest land. Moreover, the land alleged to claimed by petitioner comes under Kinnerasani Wildlife Sanctuary area and the Kinnerasani Wildlife Sanctuary declared under Section 26 A of Wildlife Protection Act, 1972 and as per A.P.Gazatte No.54, dated 03.05.1999 (Annexure- II), there is no claiming concession and rights over the area of sanctuary. Further, it is also submitted that the Officials of Forest Department are duty bound to take appropriate action in discharge of their statutory duties to restrict entry of any person in the Reserve Forest areas."
5. Taking into consideration the averments made at paragraph No.2 of the counter affidavit filed on behalf 5 of respondent No.5 (referred to and extracted above) and in view of the fact that the land alleged to be claimed by the petitioners fall under Kinnerasani Wild Life Sanctuary Area, this Court opines that the pleas put forth by the petitioners in the present writ petition are untenable and accordingly, the writ petition is dismissed since the same is devoid of merits. However, there shall be no order as to costs.
Miscellaneous petitions, if any, pending shall stand closed.
____________________________ MRS JUSTICE SUREPALLI NANDA 18.09.2024 LPD