THE HON'BLE SRI JUSTICE T.AMARNATH GOUD
WRIT PETITION No.6769 of 2021
ORDER:
1 In this Writ Petition petitioners assail the action of the forest officials in trying to dispossess the petitioners from their agricultural land in Sy.No.213 to an extent of Ac.18-24 guntas situated at Muppram village of Dharmasagar Madnal in Warangal District without issuing any notice in spite of having permanent injunction order vide judgment and decree dated 28.4.2016 in O.S.No.85 of 2008 by a competent civil Court. 2 It is the case of the petitioners that they are having pattas having been issued by the revenue department in respect of the lands stated surpa and when interference was caused by the official respondents as well as some third parties, the petitioners have preferred O.S.No.85 of 2008 on the file of the Court of the II Additional Senior Civil Judge, Warangal and the said suit was decreed in their favour. It is the further case of the petitioners that presently once again in view of the unlawful interference by the forest officials, the petitioners filed the present Writ Petition.
3 The learned Government Pleader for Forests submitted that under the garb of the pattas issued by the revenue department as well as the decree passed by the competent civil court, the petitioners are occupying and cultivating the forest reserve, which is other than the patta land and the said occupation of the forest reserve is unauthorized and hence the forest officials are taking steps.
4 Without expressing any opinion on the factual dispute, this Writ Petition is disposed of directing the Forest Officials not to interfere with the lawful possession of the petitioners in respect of their patta lands which are already covered by the decree passed by the learned II 2 Additional Senior Civil Judge, Warangal in O.S.No.85 of 2008. However, in the event the petitioners are found in possession of the forest reserve, it is open for the forest officials to take steps in accordance with law for eviction of the petitioners therefrom. No order as to costs. 5 Miscellaneous petitions if any pending in this Writ Petition shall stand closed.
_________________________ T. AMARNATH GOUD, J.
Date: 03.6.2021.
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