Telangana High Court
K. Nagalaxmi, vs The State Of Telangana. on 5 December, 2024
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.46032 of 2016
ORDER:
Heard Sri A. Nagendra Rao, learned counsel appearing on behalf of the petitioners and learned Assistant Government Pleader for Forest, appearing on behalf of respondent No.4.
2. The petitioners approached the Court seeking prayer as under:
"...to issue a Writ, Order or Directions, more particularly one in the nature of Writ of Mandamus by declaring the action of the Respondents herein for not issue the RoFR Pattas, as bad, illegal, irrational, arbitrary, discriminatory, void, violative of the Rules issued by the Government from time to time, law laid down by the Hon'ble Courts and also violative of the Article 14, 15, 16, 19 and 21 of the Constitution of India:
(a) To issue Recognition of Forest Rights Pattas to the Petitioners in pursuance to the Proceedings Rc.No. A6/RoFR/ 112/ITDA/2016, Dated 15.06.2016 issued by the Respondent No.3 herein for the physical possession and cultivating of their Podu Lands with all consequential benefits and attendant benefits;
(b) To award costs;
(c) And pass any such other Order or further Orders as
this Hon'ble Court may deem fit, proper and necessary in the circumstances of the case."
3. The petitioners filed the present Writ Petition questioning the action of the respondents herein in not 2 issuing ROFR pattas to the petitioners herein contending that from generations the fore-fathers of the petitioners had occupied the forest lands and eking their livelihood. PERUSED THE RECORD
4. The Proceedings vide Rc.No.A6/RoFR/112/ITDA/2016, dated 15.06.2016 is extracted hereunder:
"in reference cited the ST Villagers of 21 Pit Kalthi Ramaiah Gumpu Village of Rompaid Grampanchayat of yellandu Mandal have given representation requesting for issue of RoFR pattas to their podu lands in 21 Pit Kalthi Ramaiah Gumpa Village. In this regard it is to inform you that their cultivating lands have been got surveyed and verified with CARTOSAT IMAGERY'2005.
It is known that they were cultivating the podu lands before the cutoff date i.e., 13.12.2005 and the process is going on for issue of RoFR pattas to the eligible beneficiaries.
Hence, I request you to look into this matter and instruct your sub-ordinates not to disturb them from their podu lands until and unless further instructions issued from this office."
5. A bare perusal of the Proceedings vide Rc.No.A6/RoFR/112/ITDA/2016, dated 15.06.2016, clearly indicates that a representation dated 28.09.2015 had been made by ST Villagers of 21 Pit Kalthi Ramaiah Gumpu Village of Rompaid Grampanchayat of yellandu Mandal, requesting for issuance of RoFR 3 Pattas to their podu lands in 21 Pit Kalthi Ramaiah Gumpa Village and the said villagers had been cultivating the said lands before the cut-off date i.e., 13.12.2005 and the process had been initiated for issuance of RoFR Pattas to the eligible beneficiaries.
6. Learned Assistant Government Pleader for Forest, appearing on behalf of respondent No.4 places on record the written instructions dated 12.01.2017 issued by District Forest Officer, Bhadradri-Kothagudem District, and the relevant portion of the written instructions is extracted hereunder:
Further, I submit that, the 4th petitioner Smt. B. Jamku w/o late Bheemla, R/o Court area, Yellandu has already handed over the land to Forest Department vide Panchanama dated 17.08.2015. She has given a representation for issue of Pattadar pass book for said land from the Tahsildar Yellandu. Accordingly the Tahsildar, Yellandu enquired the case and had given a report that the Pattadar Pass book is fake and forged.
The above petitioners have illegally cultivated the land in the Compt.No.49 of Kommugudem beat in RF Yellandu. The said location lands area already surveyed by the FRO Yellandu during 2014. The areas are existing in Compt.No.49 of Kommugudem beat of RF Yellandu and notified U/s18 of Hyderabad Act and published Gazette notification No.834 dated 18.09.1354 Fasli. The Forest Beat Officer has also booked Offence case against the above encroachers as follows:
Sl.No. Name POR.No. & dt
1. B. Vijaya 38/18-2013, dt. 15.09.2015
Kumari
4
2. M.Kotamma 39/18-2013, dt. 15.09.2015
3. K.Nagalaxmi 40/18-2013, dt. 15.09.2015
4. B.Jamku 01/100-2014, dt. 24.10.2014
(Case booked in the name of
her Tractor Driver Surnapaka
Krishna)
7. Taking into consideration the written instructions dated 12.01.2017 brought on record by learned Assistant Government Pleader for Forest, appearing on behalf of respondent No.4, and duly taking into consideration the facts borne on record that the forest beat officer had booked offence case against the petitioners herein since the petitioners are encroachers, this Court opines that the petitioners are not entitled for the relief as sought for by the petitioners in the present writ petition and accordingly, the Writ Petition is dismissed. However, there shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall also stand closed.
__________________________ MRS JUSTICE SUREPALLI NANDA Date: 05.12.2024 HFM