Kaka Suresh vs The State Of Telangana
2022 Latest Caselaw 2361 Tel

                                                         W.P.No.11264 of 2022

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     THE HONOURABLE SMT. JUSTICE P.MADHAVI DEVI

              WRIT PETITION No.11264 of 2022

O R D E R:

This Writ Petition has been filed seeking a writ of mandamus

declaring the action of the Respondents in not considering the

representation of the petitioners dated 09.02.2022 in restoring the

Podu lands which are being cultivated by the petitioners for the past

25 years as illegal and arbitrary and consequently to direct the

Respondent Nos.2 and 3 to dispose of the representation of the

petitioners dated 09.02.2022 and to direct the Respondent No.2 to

grant pattas in respect of the Podu lands being cultivated by the

petitioners and to pass such other orders as this Court may deem fit

and proper in the circumstances of the case.

2. Brief facts leading to the filing of this Writ Petition are that the

petitioners are two in number and they claim to be cultivating the

forest lands for the past 25 years and eking out their livelihood. It is

submitted that they are the residents of Vulavanoor Mallaram

Village, Paloncha Mandal and belonging to Scheduled Tribes. It is

submitted that they have been requesting the revenue authorities to

grant pattas in their favour in respect of Podu lands and the latest W.P.No.11264 of 2022

representation is dated 09.02.2022. It is alleged that, no decision

has been taken on the said representations, but the local Paloncha

Forest Officers have recently come to the lands along with JCBs and

have destroyed their cotton crop and started digging pits around the

lands, thus preventing the petitioners from going into their lands.

Challenging the said action of the respondents in not disposing of

the representation of the petitioners dated 09.02.2022 and seeking a

consequential direction to the respondents to issue patta pass books

to the petitioners, the present Writ Petition has been filed. The copy

of the representation dated 09.02.2022 along with the

acknowledgment of the receipt of the application are filed along with

this paper book.

3. Learned Government Pleader on instructions submits that the

petitioner No.1 is not a resident of Mallaram Grampanchayat but he

is resident of Gangadeviguppa, Dantelaboru GP of Palvancha Mandal

and he is not in possession of any Forest land in the vicinity of

Mallaram Village. As regards the petitioner No.2, it is submitted that

he has migrated from Chattisgarh State and belongs to Gottikoya

community which is not recognized as Scheduled Tribe in the State

of Telangana. In view of the above, it is submitted that none of the W.P.No.11264 of 2022

petitioners are in possession or cultivation of any forest land and

therefore their application stating that they are in possession of

podu lands is false. It is further submitted that the subject lands are

notified as Reserved Forest under Section 15 of T.S.Forest Act, 1967

and hence, patta cannot be given to the petitioners in respect of the

same. It is also submitted that the said land is a forest area but due

to felling of trees, the Respondents have taken up the planting

season to rejuvenate the forest cover under the Telangana

Government's Flagship Programme "Telanganaku Haritha Haram"

and in order to improve the Wildlife habitat in deep forest area and

as such, digging of cattle proof trench around the said site has been

commenced and completed as pre-planting operations for taking up

planting activity during 2022 planting season i.e. June/July-2022 is

soon approaching. The Satellite imagery-2015 of the relevant area

was also filed to show that it was covered with vigorous forest

growth, but is not under cultivation. Also to disprove the contention

of the petitioners that they were cultivating the said land for the

past 25 years, learned Government Pleader also placed reliance

upon the judgment of this Court in similar case in W.P.No.30 of 2019

dated 13.12.2019 wherein it is held that "the reserve forest land

cannot be used/diverted for any purpose other than development of W.P.No.11264 of 2022

forest growth. Revenue authorities have no competence to deal

with forest land and assign such land". It is therefore, submitted

that the claim of the petitioners is not correct and the prayer cannot

be granted, as particularly the said lands are located in "Kinnerasani

Wildlife Sanctuary". The copy of the notification dated 03.07.1971

declaring the above lands are 'reserved forest lands' is also filed

before the court. The photographs of cattle proof trench being dug

in the area are also filed.

4. Having regard to the rival contentions and the material on

record, this court noticed that though the petitioners claim that they

are cultivating the subject lands for the past 25 years, no proof

thereof have been filed. The petitioners have only made a

representation dated 09.02.2022 without any evidence

substantiating their claim. The Respondents have filed the

photographs, from which it is seen that trenches are being dug

around the land.

5. In view of the above, the prayer of the petitioners to direct

the Respondents to grant patta in their favour cannot be granted.

However, the Respondents are directed to dispose of the

representation of the petitioners dated 09.02.2022 by way of W.P.No.11264 of 2022

speaking order within a period of sixty (60) days from the date of

receipt of copy of this order.

6. The Writ Petition is accordingly disposed of. No order as to

costs.

Miscellaneous applications, if any pending, shall also stands

closed.

_________________________ JUSTICE P.MADHAVI DEVI Date:06.06.2022 ns