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Judgment
Heard Sri Karunakar Reddy, learned counsel appearing on behalf of the petitioner, and learned Assistant Government Pleader for Forests, appearing on behalf of the respondents.
The petitioner approached this Court seeking the prayer as under:
"...to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the respondent authorities in threatening to dispossess the petitioner from her lawful possession in respect of the land in Sy.Nos.826/79/A and 826/80/2A admeasuring Ac.2.25 gts., and Ac.2.15 gts., situated at Damaracharla village and Mandal, Nalgonda District, without any notice and without following the procedure contemplated under the Law, as being illegal, arbitrary, unjust, unconstitutional and violative of Articles 21 and 300-A of the Constitution of India and consequently direct the respondent authorities not to take any coercive steps without following the due process of Law, and to grant such other relief..."
The case of the petitioner in brief is that the petitioner is the absolute owner and possessor of agricultural lands in Sy.Nos. 826/79/A and 826/80/2A, admeasuring Ac.2.25 gts. and Ac.2.15 gts., respectively, situated at Damaracharla Village and Mandal, Nalgonda District. The petitioner had purchased the same from Smt. Vallapu Mallamma through an unregistered sale deed. The vendor had been assigned the land by the Government in lieu of submergence of her lands under the Nagarjuna Sagar Project vide Proceedings Rc.No.F/5569/85, permitting alienation. Thereafter, the petitioner's name was mutated in the revenue records through R.O.R. No.DML/417, Pattadar Passbook and Title Deed were issued under Patta No.2349, and the petitioner had cultivated the land while availing agricultural loans. The petitioner also applied for mutation in the Dharani Portal vide Application No.2200153521 dated 02.12.2022. On 31.05.2023, Forest Department officials allegedly threatened to evict the petitioner, claiming that the land belonged to the Forest Department, and on 05.06.2023 attempted to damage the standing crops. Alleging threatened dispossession without notice or due process, the petitioner had approached this court by filing the present Writ Petition.
PERUSED THE RECORD.
DISCUSSION AND CONCLUSION :
Learned counsel appearing on behalf of the petitioner mainly puts forth the following submissions:
The petitioner cannot be dispossessed the petitioner's lawful possession of the subject land in Sy.No.826/79/A and 826/80/2A admeasuring Ac.2.25 gts., and Ac.2.15 gts., respectively, situated at Damaracharla Village and Mandal, Nalgonda District without issuing any prior notice to the petitioner and without following due procedure as contemplated under law.
The Respondent authorities have no right or claim over the subject land and the respondents cannot take any coercive steps against the petitioner.
The respondent authorities are interfering with the peaceful possession and enjoyment of the petitioner's subject land situated at Damaracharla Village and Mandal, Nalgonda District.
Based on the aforesaid submissions, the learned counsel appearing on behalf of the petitioner contends that the petitioner is entitled for the relief as prayed for by the petitioner in the present writ petition.
Learned Assistant Government Pleader appearing on behalf of the respondents brings on record the written instructions dated 02.07.2025 vide Lr.No.B/497/2025 and placing reliance on the said instructions mainly puts forth the following submissions:
After verifying the title of the petitioner and after conduct of joint inspection of the subject property by the Forest, Revenue and Survey Department Officials, further course of action would be taken in the matter.
There is an existing boundary dispute between the Forest and Revenue Department as the land in Sy.No.826 is Ac.1097.32 Gts. Neither the Forest or Revenue officials had ever disturbed the peaceful possession of the petitioner nor dispossessd the petitioner from the petitioner's subject land.
Based on the aforesaid submissions learned Assistant Government Pleader contends that the appropriate orders may be passed in the interest of justice.
Taking into consideration:
The submissions made by the learned counsel appearing on behalf of the petitioner,
The learned Assistant Government Pleader appearing on behalf of the respondents,
The averments made by the petitioner in the affidavit filed in support of the present writ petition,
The written instructions dated 02.07.2025 of the Tahsildar, Dameracherla Mandal, Nalgonda District (referred to above),
The fact that the Forest of the Revenue Department is not interfering with the petitioner's peaceful possession in respect of subject lands, The respondents are directed to conduct survey and joint inspection of the subject property by the Forest, Revenue and Survey Department officials of the subject land in Sy.No.826/79/A and 826/80/2A admeasuring Ac.2.25 gts., and Ac.2.15 gts., respectively situated at Damaracharla Village and Mandal, Nalgonda District, within a period of six (06) weeks from the date of receipt of the copy of the order in accordance to law after issuing notices to all concerned. Status quo in respect of subject lands i.e., 826/79/A and 826/80/2A admeasuring Ac.2.25 gts., and Ac.2.15 gts., respectively situated at Damaracharla Village and Mandal, Nalgonda District is directed to be maintained till the conduct of the said survey. The petitioner is directed not encroach into the forest area and in the event of petitioner encroaching the forest land, the respondent authorities are at liberty to proceed against the petitioner, in accordance to law, as per the provisions of the Forest Act, 1967. Accordingly, writ petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.