Telangana High Court
Punem Lalitha vs The State Of Telangana on 7 May, 2025
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.14989 OF 2025
ORDER:
Heard Sri Mohd Subhan Pasha, learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Forests appearing on behalf of the respondents.
2. The petitioner approached the Court seeking prayer as under:
"....It is prayed that this Hon'ble Court may be pleased to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents herein in trying to dispossess the petitioner from the agriculture land admeasuring Ac 4.00gts in Sy.No.1/12 situated at Lakshmidevipalli village, Paloncha Mandal, Bhadradri Kothagudem District as arbitrary, illegal, without jurisdiction and violation of Article 14. 21 and 300-A of the Constitution of India and consequently direct the respondents not to dispossess petitioner from the agriculture land admeasuring Ac 4.00gts in Sy.No.1/12 situated at Lakshmidevipalli village, Paloncha Mandal, Bhadradri Kothagudem District, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case..." 2
SN,J W.P.No.14989_2025
3. The case of the petitioner in brief as per the averments made by the petitioner in the affidavit filed by the petitioner in support of the present Writ Petition is as under:-
It is the specific case of the petitioner that the petitioner is owner and possessor of agricultural land admeasuring Ac.4.00 guntas in Sy.No.1/12 situated at Lakshmidevipalli Village, Paloncha Mandal, Bhadradri Kothagudem District having succeeded from her father Yesob.
It is further the case of the petitioner that petitioner's father was assigned the said subject land by the then Revenue Authorities and his name was duly mutated in the revenue records and pahanies also were issued in his favour and he was in peaceful possession and enjoyment of the subject land duly cultivating the same and upon the demise of petitioner's father, petitioner herein succeeded to the said land as the sole legal heir.
It is further the case of the petitioner that the petitioner even constructed a small house thereon in the said subject land and Lakshmidevipalli Grampanchayat had assigned Door No.7-4 to the petitioner for the said house and the petitioner had been paying the house tax regularly to Lakshmidevipalli 3 SN,J W.P.No.14989_2025 Grampanchayat. On an earlier occasion, when Forest Officials attempted to dispossesses the petitioner herein from the subject land in Sy.No.1/12, situated at Lakshmidevipalli Village claiming that the subject lands fall within Forest limits , petitioner approached this Court by filing Writ Petition No.23877 of 2020 and this Court vide its order, dated 24.12.2020 directed that the status-quo existing as on the said date to be maintained until further orders. While the said orders are still in force on 03.05.2025, the respondent Nos.3 to 5 entered into petitioner's land and attempted to dispossess the petitioner. Aggrieved by the same, petitioner filed the present Writ Petition.
PERUSED THE RECORD:-
4. The interim order, dated 24.12.2020 passed in favour of the petitioner in W.P.No.23877 of 2020 filed by the petitioner on an earlier occasion is extracted hereunder.
"The case of the petitioner is that her father was granted patta in respect of the subject land, along with other landless poor persons in the year 1958, and that when the assigned land was sought to be resumed, one of the assignees filed W.P.No.4899 of 2020, and this court allowed the same vide order dated 15.11.2008. That when the petitioner was denied the pattadar pass book in respect of the 4 SN,J W.P.No.14989_2025 subject land, she filed W.P.No.19930 of 2019, and this court directed the authorities to consider the claim of the petitioner and take necessary steps. In pursuance of the said directions of this court, when the Tahsildar, Paloncha Mandal, issued memo dated 19.10.2019 intimating the petitioner that the subject land is purely a Government land, and that the request of the petitioner for grant of pattadar pass book cannot be considered, she filed W.P.No.2089 of 2020, and the same is pending adjudication. The grievance of the petitioner is that though she has been in possession of the subject land, the respondents forest authorities, without following the due process of law, are interfering with her possession on the ground that the subject land is forest land.
Learned counsel for the petitioner submits that the petitioner has also constructed a small house and living there, and that presently the petitioner is cultivating the land, but the respondents are not allowing the same.
Along with the writ petition, photographs are filed to show that cultivating activity is going on in the subject land.
Learned Government Pleader for Forests, on written instructions, submits that the subject land is notified as reserve forest in the year 1944 and at the time of such notification, no objections were filed. Learned Government Pleader submits that no patta can be granted in the reserve forest land. That when the petitioner tried to plough the forest land illegally, crime was registered against the petitioner under forest laws. Referring to the photographs filed along with the written instructions, learned Government Pleader submits that in the subject land there are full of bushes, and no cultivating activity is taking place. 5
SN,J W.P.No.14989_2025 The photographs filed by both the parties are at variance. In view of the above averments, matter requires filing of counter affidavit.
Since the counsel for the petitioner asserts that petitioner constructed a house and living therein, status quo existing as on today with regard to possession, shall be maintained until further orders.
List after four weeks filing counter affidavit."
The said order, dated 24.12.2020 is in force as on date.
DISCUSSION AND CONCLUSION:-
DISCUSSION:-
5. Learned counsel appearing on behalf of the petitioner submits that the interim order of this Court, dated 24.12.2020 passed in W.P.No.23877 of 2020 is in force as on date, yet the respondents herein are trying to dispossess the petitioner from the agricultural land in Sy.No.1/12, admeasuring Ac.4.00gts., situated in Laxmidevipally village, Palvoncha Mandal, Bhadradri Kothagudem District, without following due process of law.
6. Learned Assistant Government Pleader for Forests appearing on behalf of the respondents brings on record written instructions and the relevant portion of the written instructions is extracted hereunder: 6
SN,J W.P.No.14989_2025 "Further it is submitted that the petitioner never under cultivation of the petition Scheduled land over an extent of Ac. 4-00 gts. and illegally residing in an old building and the said illegal occupation is liable to be evicted for which due procedure will be followed as per rules made u/s 20 (3) of TG Forest Act, 1967.
Further it is submitted that, the contention of the petitioner that she is in possession of Ac.4-00 gts. is a blatant lie. The land claimed by the petitioner is covered with Forest growth which form part of Urban Forest Park area which is located, well within the boundaries of Suraram Reserve Forest block of Paloncha Range."
7. Learned Assistant Government Pleader for Forests appearing on behalf of the respondents placing reliance on the written instructions placed before this Court(referred to and extracted above) contends that the petitioner is liable to be evicted from the subject house for which due procedure will be followed as per the rules made u/s 20 (3) of TG Forest Act, 1967. CONCLUSION:-
8. This Court on perusal of the written instructions furnished by the learned Assistant Government Pleader for Forests appearing on behalf of the respondents takes note of the fact as borne on record that the petitioner admittedly, is residing in an old building, but however a plea is taken by the respondents that the said building is located in Forest land and the petitioner is in illegal occupation of the same and due procedure would be 7 SN,J W.P.No.14989_2025 followed as per law for eviction of the petitioner from the said subject house situated in Forest land.
9. This Court opines that in view of the admitted fact that the petitioner is residing in a building located in Forest land and duly taking into consideration the earlier orders, dated 24.12.2020 passed in favour of the petitioner in W.P.No.23877 of 2020 (referred to and extracted above) where under this Court directed status- quo existing as on 24.12.2020 to be maintained in respect of land admeasuring Ac.4.00 guntas in Sy.No.1/12 situated at Lakshmidevipally Village, Paloncha Mandal, Bhadradri-Kothagudem District and the said orders are in force as on date, the respondents herein are bound to follow the due procedure under law and cannot dispossesses the petitioner from the subject land admeasuring Ac.4.00 guntas in Sy.No.1/12 of Lakshmidevipalli Village, without following due procedure as per the rules in force.
10. Taking into consideration:-
a) The aforesaid facts and circumstances of the case,
b) The submissions made by the learned counsel appearing on behalf of the petitioner and the 8 SN,J W.P.No.14989_2025 learned Assistant Government Pleader for Forests appearing on behalf of the respondent
c) The interim order, dated 24.12.2020 passed in favour of the petitioner in W.P.No.23877 of 2020 filed by the petitioner on an earlier occasion , which is in force as on date (referred to and extracted above)
d) The written instructions on behalf of the respondents placed on record by the learned Assistants Government Pleader (referred to and extracted above) The Writ Petition is disposed of directing the respondents to follow due procedure under law in respect of the subject land admeasuring Ac.4.00 guntas in Sy.No.1/12 of Lakshmidevipalli Village. It is however observed that if the petitioner attempts to encroach the Forest land, the respondents are at liberty to take appropriate action against the petitioner as per the provisions of the Telangana Forest Act, 1967. However, there shall be no order as to costs.9
SN,J W.P.No.14989_2025 Miscellaneous applications, if any, pending shall stand closed.
___________________________ MRS JUSTICE SUREPALLI NANDA 07.05.2025 Note: Issue CC by today b/o TU