Madavi Nagesh vs The State Of Telangana,
2025 Latest Caselaw 3598 Tel

Telangana High Court

Madavi Nagesh vs The State Of Telangana, on 19 August, 2025

      THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI

                  WRIT PETITION No.24366 OF 2025
ORDER:

This Writ Petition is filed declaring the action of the

respondents in not recognizing the rights of the petitioners under

the provisions of the Scheduled Tribes and other Traditional Forest

Dwellers Recognition of Forest Rights Act, 2006, inspite of their

hailing from the Scheduled Tribes Community and being the

traditional forest dwellers having been in possession of small

extents of forest land totaling Ac.81.37 gts situated at Gondigudem

village, hamlet of Kothuru village, Awapuram Mandal, Bhadradri

Kothagudem District, as illegal and arbitrary and for a

consequential direction not to evict them without following due

process of law.

2. Heard Sri Nandigama Krishna Rao, learned senior counsel

representing Sri Akhil Ennamsetty, learned counsel for the

petitioners and learned Government Pleader for Forests, appearing

for respondents.

3. Learned Government Pleader for Forests has submitted

written instructions received by him, according to which the

petitioners are the Schedule Tribes of Chattisgarh State and have

migrated to Telangana and are residing in Gondigudem Reserve

Forest, Compartments 186 & 187 after the cut-off date i.e.,

13.12.2005. It is stated that as per the judgment of Hon'ble

Supreme Court, a person recognized as a Scheduled Tribe in one

State cannot automatically claim Scheduled Tribe status in another

State upon migration. It is stated that the claims of the petitioners

for recognition as Scheduled Tribes have already been rejected by

Grama Sabha of Gondigudem village and thereafter, SDLC and

DLC, Bhadradri-Kothagudem have also rejected their claims and

accordingly, eviction notices have been issued to the petitioners

stating that they will be removed after following due process of law.

4. Learned Senior Counsel appearing for the petitioners,

however, refuted the claim of the respondents that rejection orders

were passed and communicated to the petitioners. He further

submitted that neither the rejection orders nor notices of eviction

have been communicated to the petitioners. Therefore, he sought a

direction to respondent No.5 not to evict the petitioners without

following due process of law.

5. In view of the above facts and circumstances, this Court

deems it fit and proper to direct respondent No.5 to communicate

the orders of rejection of the claims of the petitioners afresh and

also give them an opportunity of hearing and thereafter, also serve

the eviction notices, if not served earlier and thereafter take action

in accordance with law. Till final orders are passed, the respondents

are directed not to interfere with the possession of the petitioners.

However, it is also made clear that the petitioners, under the guise

of these orders shall not encroach into the forest land.

6. With the above direction, this Writ Petition is disposed of.

There shall be no order as to costs.

7. Miscellaneous applications, if any, pending in this writ

petition stand closed.

_____________________________ JUSTICE T. MADHAVI DEVI Date: 19.08.2025.

dv/sz