D. Narasimhulu vs The District Collector
2023 Latest Caselaw 3115 Tel

       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