THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
Writ Appeal No.819 of 2010
JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)
None for the appellant.
2. Mr. Malugari Sudarshan, learned Government Pleader
for Forest Department represents the respondents.
3. This intra court appeal has been filed against an order
dated 12.08.2010, passed by a learned Single Judge, by which
writ petition viz., W.P.No.25940 of 2001, preferred by the
appellant, has been dismissed.
4. Facts
giving rise to filing of this appeal briefly stated are that, the appellant claims to be in possession of land admeasuring Acs.18.31 guntas in Survey No.20 situated in Kistapur Village, Doma Mandal, Ranga Reddy District. 4.1. It is the case of the appellant that Tahsildar, Pargi, assigned land to an extent of Acs.5.00 guntas in Survey No.20 ::2::
of Kistapur Village in favour of the father of the appellant. Thereafter, the father of the appellant purchased the adjoining land admeasuring Acs.13.31 guntas in the year 1966 and after the death of the father of the appellant in the year 1984, the appellant is in cultivating possession of the land in question. 4.2. The Divisional Forest Officer, however, stopped the work of plantation on the land belonging to the appellant. Thereupon, the appellant submitted representations to the District Collector, Ranga Reddy District and Divisional Forest Officer on 17.09.2001 and 18.09.2001 respectively. However, no action on the representations was taken. The appellant, therefore, filed the aforesaid writ petition seeking a direction to the respondents not to interfere with his possession over the land in question.
4.3. The writ petition preferred by the appellant was dismissed on the ground that disputed questions of fact cannot be adjudicated in a writ petition. It was further held ::3::
that as per the stand of the Forest Department, the appellant is not in possession of the land in question and the aforesaid land is a reserved forest. The writ petition was, accordingly, dismissed.
5. Being aggrieved, this appeal has been filed.
6. The Gazette bearing No.528 was issued on 14.09.1954 under Section 19 of the Hyderabad Forest Act, 1355 F. As per the aforesaid notification, for past about 70 years, an extent of Acs.400.00 guntas out of Acs.1050.27 guntas in Survey No.20 of Kistapur Village was notified as Rangampally Reserve Forest, which is under the possession and custody of the Forest Department. The Mandal Revenue Officer, Doma Mandal, in the communication dated 02.02.2002, which was addressed to the Forest Range Officer, Pargi (respondent No.3), has stated that the appellant is not in possession of the land bearing Survey No.20 and the said land forms part of the ::4::
reserve forest and is under the control of the Forest Department.
7. The issue whether or not the land in question belongs to the Forest Department is a disputed question of fact, which cannot be adjudicated in a proceeding under Article 226 of the Constitution of India. Learned Single Judge, therefore, has rightly relegated the appellant to avail the remedy of a civil suit.
8. For the aforementioned reasons, we do not find any merit in this appeal and the same is, hereby, dismissed. No costs.
As a sequel, miscellaneous petitions, pending if any, stand closed.
__________________ ALOK ARADHE, CJ _______________________ N.V.SHRAVAN KUMAR, J Date: 12.10.2023 LUR