Pandala Bala Krishna v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY Writ Petition Nos.10886 & 11213 of 2020 COMMON ORDER:

Since the issue involved in both these writ petitions is one and the same, they are being heard together and disposed of by way of this common order.

W.P.No.10886 of 2020 is filed seeking writ of mandamus declaring the action of the respondent Nos.2 & 3 in taking away the petitioner's borewell and threatening to dispossess the petitioner from his patta land i.e., Ac.1.05 guntas in Sy.No.212/42, Tirumalapur Village, Turakapally Mandal, Yadadri Bhuvanagiri District and intended to use the land for plantation under 'Harithaharam' program etc., as illegal and arbitrary and for consequential directions.

W.P.No.11213 of 2020 is filed seeking writ of mandamus declaring the action of the respondent Nos.2 & 3 in threatening to dispossess the petitioner from his patta land i.e., Ac.3.15 1⁄2 guntas in Sy.No.271/AA, Tirumalapur Village, Turakapaly Mandal, Yadadri Bhuvanagiri District and intended to use the same for plantation under 'Harithaharam' program etc., as illegal and arbitrary and for consequential directions.

Heard learned counsel for the petitioners, who submits that after filing of the writ petitions, separate show-cause notices were issued to the petitioners on 22.07.2020 and 24.07.2020 respectively and that the petitioners will file explanation to the same.

Learned Government Pleader for Forest submits that the subject land is forest land, as such, show-cause notices were issued to the petitioners.

This Court, by order dated 22.07.2020 in W.P.No.10886 of 2020 and 27.07.2020 in W.P.No.11213 of 2020, granted interim order directing both the parties to maintain status quo in all respects.

Since the petitioners have been issued show-cause notices on 22.07.2020 and 24.07.2020 respectively, it is open for the petitioners to submit explanation to the same with all relevant documents and the competent authority is directed to consider the same and pass appropriate orders. Till then, status quo orders granted by this Court on 22.07.2020 and 27.07.2020 shall continue. Since it is stated that standing crop is existing, it is open for the petitioners to take the harvest of the standing crop. With the above direction, both these writ petitions are disposed of. No costs. Miscellaneous petitions, if any pending, shall stand dismissed.

_________________________ A.RAJASHEKER REDDY,J Dated:05-11-2020 kvs

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY W.P No.10886 & 11213 of 2020 Date: 05-11-2020 kvs