V. Neerja Devi And 5 Others vs The State Of Telangana And 2 Others
2021 Latest Caselaw 1543 Tel

            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

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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