Telangana High Court
Thurram Sriramulu vs State Of Telangana And 5 Others on 19 October, 2020
Author: A.Rajasheker Reddy
Bench: A.Rajasheker Reddy
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
W.P.NO.17845 OF 2020
ORDER
The grievance of the petitioner is that though he is in occupation and cultivation of Podu lands in an extent of Acs.7.15 gts. covered by Compartment No.125 of K Ginnelagudem village, Chinnulaballi Panchayati, Dummugudem Mandal, Bhadradri Kothagudem District, for which he has been granted RoFR Rights Certificate, the 5th respondent - Forest Department, State of Telangana, represented by its Divisional Forest Officer, without any authority of law, is threatening to dispossess him from the subject land.
Learned Government Pleader for Forests, based on written instructions of the 5th respondent in Rc.No.1120/2020/B4 dated 12.10.2020, submits that petitioner is having RoFR Rights certificate to an extent of Acs.7.15 gts in Compartment No.48 of Dummugudem Reserve Forest, and he has been enjoying the said land by cultivating the cotton crop, and that an area of 20 Ha, has been taken up for plantation during the year 2020-21 to rejuvenate the forest cover, and that the planting operation was completed, and cattle proof trench was also dug around the plantation site with huge expenditure, without interfering with the possession of the land of the petitioner, but the petitioner, under the guise of Rights Certificate, is trying to extend the cultivation area by attempting to encroach the abetting forest land, therefore, the frontline staff of the respondents have resisted such encroachment, and hence no exception can be taken to the action taken by the respondents.
Learned counsel for the petitioner submits that except the area for which the petitioner has been granted Rights Certificate, he has not encroached into the forest land.
Petitioner states that he is in occupation of podu land in an extent of Acs.7.15 guts covered by Compartment No.125 of K Ginnelagudem village, Chinnulaballi Panchayati Dummugudem Mandal, Bhadradri Kothagudem District, and that he has been granted RoFR rights certificate, whereas in the written instructions it is stated that the petitioner is having RoFR Rights Certificate to an extent of Acs.7.15 gts in Compartment No.48 of Dummugudem Reserve Forest, and that he has been enjoying the same. Whether the land in Compartment Numbers mentioned by the petitioner and the 5th respondent, is one and the same, is a matter of record.
However, having regard to the facts and circumstances of the case and the submissions of the learned counsel, writ petition is disposed of directing the 5th respondent not to interfere with the possession of the petitioner over the land, for which he has been granted RoFR Rights Certificate. But, however, if the petitioner encroaches, and disturbs the plantation made in the forest area, it is open to the respondent No.5 / competent authority, to stop such encroachment, and take action in accordance with law.
Interlocutory applications pending, if any, shall stand closed. No order as to costs.
-------------------------------------------
A.RAJASHEKER REDDY,J DATE:19--10--2020 avs