Telangana High Court
Ncl Industries Limited vs State Of Telangana on 31 March, 2026
Author: Surepalli Nanda
Bench: Surepalli Nanda
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
HON'BLE MRS. JUSTICE SUREPALLI NANDA
WRIT PETITION No.9430 OF 2026
DATE: 31.03.2026
Between :
NCL Industries Limited,
NCL Pearl, 6th and 7th Floor,
Sarojini Devi Road, East Maredpally,
Secunderabad 500 026.
rep. by its Authorized Signatory
Manager, Mr. Anil Kumar.
... Petitioner
AND
The State of Telangana rep. by Principal
Secretary Revenue Department, Secretariat,
Hyderabad & 6 others
... Respondents
ORDER
Heard Smt. Monica P. Pole, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Revenue, appearing on behalf of respondent Nos.1, 3, 6 and 7 and learned Assistant Government Pleader for Forests, appearing on behalf of respondent Nos.2, 4 and 5. 2
SN,J W.P. No.9430 of 2026
2. The petitioner approached the Court seeking prayer as under:
"...to issue Writ, Order or Orders, Direction or Directions more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.5 of issuing notice dated 11-03-2026 vide Notice No. Rc.No.141/2022-23/HZNR instructing and directing the Forest Range Officer to take steps to dismantle and remove structures constructed on schedule land and initiate action against the Petitioner without considering the representation for alienation dated and pending proceedings before Respondent No.5 as arbitrary and irregular, contrary to law, unjust, colourable exercise of powers and violation of principles of natural justice, without power and jurisdiction and set aside the same and pass..."
3. The case of the petitioner, in brief as per the averments made in the affidavit filed by the petitioner in support of the present Writ Petition is as under:-
The petitioner company purchased land in Sy. No. 88 in the year 1990, vide Sale Deed No. 1020/1990 registered in the office of the Sub-Registrar, Huzurnagar. Respondent No.4 issued a notice dated 26.12.2001 to the petitioner company. Thereafter, Respondent No.7 issued a notice 3 SN,J W.P. No.9430 of 2026 dated 31.03.2007 directing the petitioner company to produce ownership documents relating to the subject land. Subsequently, on 16.02.2010, Respondent No.4 issued another notice directing the petitioner to appear on 26.02.2010 for further enquiry.
However, Respondent No.7 passed an ex parte order, without issuing notice to the petitioner, unilaterally cancelling the sale transaction entered into by the petitioner with the landowners. Aggrieved by the proceedings dated 14.11.2012, the petitioner preferred an appeal before Respondent No.6. The petitioner also filed a complaint before the Lok Ayukta of Andhra Pradesh, and the Hon'ble Lok Ayukta, by order dated 07.05.2013, directed the Tahsildar to maintain status quo till the disposal of the appeal.
Thereafter, Respondent No.4 issued an impugned notice dated 15.10.2024 alleging that the petitioner company had encroached upon forest land to an extent of Ac.12.06 guntas. The petitioner submitted a reply notice dated 17.10.2024. Subsequently, Respondent No.5 issued a 4 SN,J W.P. No.9430 of 2026 notice dated 11.03.2026 directing the petitioner to evict the NCL factory premises. Aggrieved by the coercive steps of the respondents, the petitioner had approached this court by filing the present writ petition. DISCUSSION AND CONCLUSION:
4. The learned counsel appearing on behalf of the petitioner mainly puts forth the following submissions:
(i) In pursuance of the notice dated 15.10.2024 vide Rc. No. 538/2020/53 issued by the District Forest Officer, Suryapet, to the petitioner herein, the petitioner had submitted a detailed explanation dated 17.10.2024 addressed to the District Forest Officer, Suryapet.
(ii) In response to the notice dated 11.03.2026 issued by the Forest Range Officer, Huzurnagar (FAC) i.e., Respondent No.5, calling upon the petitioner to submit the petitioner's explanation as to why necessary action should not be initiated against the petitioner under the provisions of the Forest Conservation Act, 1980, the petitioner had 5 SN,J W.P. No.9430 of 2026 submitted a detailed explanation dated 23.03.2016 to the Forest Range Officer, Huzurnagar.
(iii) In the said explanation dated 22.03.2016, the petitioner brought to the notice of Respondent No.5 about the explanation submitted by the petitioner to the District Forest Officer, Suryapet, on 17.10.2024 on the subject issue and requested the said respondent to extend the required support to the petitioner industry, specifically stating that the petitioner had not been involved in any illegal activities or encroachments.
(iv) In spite of the detailed explanations furnished by the petitioner, namely the explanation dated 17.10.2024 in response to the notice dated 15.10.2024 issued by the District Forest Officer and the explanation dated 23.03.2026 in response to the notice dated 11.03.2026 issued by Respondent No.5, no action has been taken duly considering the petitioner's explanations. Instead, the respondents are threatening the petitioner to remove the structures of the petitioner industry in the subject premises 6 SN,J W.P. No.9430 of 2026 and are interfering with the functioning of the petitioner industry.
Based on the aforesaid submissions, the learned counsel appearing on behalf of the petitioner contends that the petitioner is entitled for grant of relief as prayed for by the petitioner in the present writ petition.
5. The learned Assistant Government Pleader fairly submits that appropriate orders may be passed on the explanation furnished by the petitioner dated 17.10.2024 in response to the notice dated 15.10.2024 issued by the District Forest Officer, Suryapet and also the explanation dated 23.03.2026 furnished by the petitioner in response to the notice dated 11.03.2026 issued to the petitioner, in accordance to law, within a reasonable period.
6. The learned counsel appearing on behalf of the petitioner does not dispute the said submission made by the learned Assistant Government Pleader, appearing on behalf of the respondents.
7
SN,J W.P. No.9430 of 2026
7. 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, learned Assistant Government Pleader for Revenue, appearing on behalf of respondent Nos.1, 3, 6 and 7 and learned Assistant Government Pleader for Forests, appearing on behalf of respondent Nos.2, 4 and 5,
(c) The averments made by the petitioner at Para Nos.15, 16 and 17 of the writ papers filed in support of the present writ petition,
(d) The notice dated 11.03.2026 issued to the petitioner herein by the Forest Range Officer, Huzurnagar (FAC), the explanation dated 23.03.2026 furnished by the petitioner in response to the notice dated 11.03.2026 issued to the petitioner, the notice dated 15.10.2024 issued by the District Forest Officer, Suryapet and the explanation dated 17.10.2024 furnished by the petitioner in response to the notice, 8 SN,J W.P. No.9430 of 2026
(e) The discussion and conclusion as arrived at Para Nos.4 & 5 of the present order, The writ petition is disposed of directing the respondent Nos.4 and 5 to consider the explanation furnished by the petitioner dated 17.10.2024 and dated 23.03.2026 and pass appropriate orders within four (4) weeks from the date of receipt of the copy of the order, in accordance to law, in conformity with principles of natural justice by providing an opportunity of personal hearing to the petitioner.
The respondents are further directed not to take any coercive steps against the petitioner, till the exercise as stipulated as above, is initiated and concluded by passing of appropriate orders by the respondent Nos.4 and 5 herein within the time period as stipulated as above, and duly communicate the decision on the explanation furnished by the petitioner dated 17.10.2024 and 23.03.2026 respectively to the notices issued by the District Forest Officer and Forest Range Officer, Huzurnagar 9 SN,J W.P. No.9430 of 2026 (FAC) dated 15.10.2024 and 11.03.2026 respectively and duly communicate the decision to the petitioner herein.
It is however observed that the petitioner shall not encroach upon any reserve forest land under the guise of the present order. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
___________________________ MRS. JUSTICE SUREPALLI NANDA Date: 31.03.2026 Note Issue C.C. by 15.04.2026.
B/o Skj