Sree Suprabhath Estate Developers v. The State Of Telangana And 2 Others
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTH DAY OF IVIAY TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION NO: 6663 OF 2020 Between:
Sree Suprabhath Estate Developers, A Partnership Firm, Situated at 401 , Vaishnavi Apartments, SBH Colony, Kothapet, Hyderabad, Telangana, Represented by its N/anaging Partner, Sri. G. Chandrasekhar Rao, S/o. Subba Raju ...pETrroNER AND
1. The State of TELANGANA, Rep. by its Principle Chief ConservatoTMinistry of Forest and Environment, Aranya Bhavan, Saifabad, HYDERABAD, Telangana State.
2. The District Forest Officer, Ranga Reddy District, Aranya Bhavan, Saifabad, HYDERABAD, Telangana State.
3. The Forest Range Officer, Amangal Range, Amangal, Ranga Reddy District, Telangana state ...RE'P.
Counsel for the Petitioner: SMT. ALMAS BEGUM MOHAMMED Counsel for the Respondents: GP FOR FORESTS The Court made the following:
Q.RD,EE:
Heard learned counsel for the petitioner as well as learned Government Pleader for Forests.
This Writ Petition is filed seeking a mandamus to declare the action of the 3'd respondent in continuing the construction activity by encroaching the land of the petitioner firm, without considering the representation dated 20.03.2020, thereby trying to dispossess the petitioner from its lawful possession of the petition schedule property, as illegal. The allegation of the petitioner is that the respondents, in the guise of fencing the forest land, are encroaching into its Iand, wherein a lay-out was prepared, with their very approval.
On the other hand, the learned Government Pleader, on instructions, submits that fencing is carried out within the well-defined forest area with the boundaries demarcated and that the allegation of encroachment into the petitioner's land is false. According to him, if the petitioner had shown in their lay out, either by mistake or by design, the forest area, the forest authorities are not responsible for the same. However, the learned Government Pleader submits fairly that as the petitioner is said to have submitted the representation on 20.03.2020, the same will be looked into and disposed of within two weeks and once-again re-verification will be done. She would further submit that on account of lock down, no work as such is taken up at this point of time.
In the light of the fair submission made by the learned Government Pleader, the Writ Petition is disposed of with a direction to the respondent authorities to consider the objection / representation of the petitioner in two weeks' time with respect to fencing, duly giving an opportunity to the
petitioner to be present in the process of verification. Till such time, no further work of fencing towards the petitioner's land shall be taken up. No costs.
The miscellaneous Applications, if any shall stand closed. Sd/. SRI JUSTICE CHALLA KOOANDA RAM //TRUE COPY// .qu= REGTSTRAR (JUDTCTAL) AR SECTIO OFFICER To, 1.
The Principle Chief Conservator, Ministry of Forest and Environment, State of Telangana Aranya Bhavan, Saifabad, HYIERABAD, Telangana State. The District Forest Officer, Ranga Redd-y District, Aranya Bhavan, Saifabad, Hyderabad, Telangana State.
The Forest Range Officer, Amangal Range, Amangal, Ranga Reddy District, Telangana State.
:
One CC to Smt. Almas Begum lvlohammed Advocate [OPUC] Two CCs to GP for Forests, High Court for the State of Telangana (OUT) Two CD Copies 2.
3.
4.
q 6.
t\/BC
HIGH COURT CKR,J DATED: 0610512020 \ U.
v-\\l ao 12 HN 202[ -'.
* * DEs Pr\-f
ORDER
WP.No.6663 ot 2020 i DISPOSING OF THE WRIT PETITION WITHOUT COSTS