Sunnam Nageswara Rao, And 38 Others, v. Prl.Secy., Forest Dept., Hyd., And 6 Others,
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND FIFTEEN :PRESENT:
THE HON'BLE SRI JUSTICE A RAMALINGESWARA RAO WP :18761 of 2015 Between:
1 Sunnam Nageswara Rao Son of Musalappa 2 Gaddam Rajulu Son of Pasappa.
3 Gaddam Lakshmi Wife of Rajulu 4 Irpa Jayamani Wife of Mallaiah 5 Sunnam Chilakamma Wife of Nageswara Rao 6 Sunnam Venkatesh Son of Musalappa 7 Sunnam Bharathi Wife of Venkatesh 8 Sunnam Rajamma Wife of Musalappa 9 Potta Venkatamma Wife of Nagesh 10 Potta Nagesh Son of Jogaiah 11 Vuke Venkatesh Son of Sarappa 12 Vuke Muthamma Son of Venkatesh 13 Sunnam Seetha Wife of Ramesh 14 Vade Rajamma Wife of Nagesh 15 Sunnam Pulla Rao Son of Veerappa 16 Sunnam Ramesh Son of Pulla Rao 17 Sunnam Nagaratnam Wife of Pulla Rao 18 Karam Ramulu Son of Kannappa 19 Karam Rajamma Wife of Ramulu 20 Kaka Veera Swamy Son of Rajulu 21 Kaka Nagamma Wife of Veraswamy 22 Kaka Raja Kumar Son of Veraswamy 23 Kaka Visweswara Rao Son of Veera Swamy 24 Kaka Venkatamma Wife of Visweswara Rao 25 Mavidi Rajamma Wife of Lakshmaiah 26 Midiyam Aruna Wife of Ramulu 27 Sunnam Prasad Son of Ramulu 28 Payam Ratna Kumari Wife of Ramu 29 Payam Vani Wife of Ramulu 30 Kaka Karuna Wife of Ramulu 31 Sunnam Mutyalu Son of Gangulu 32 Kunja Nagulu Son of Potalu 33 Sunnam Venkata Lakshmi Wife of Muthaiah 34 Tanam Nageswara Rao Son of Pabbayya 35 Karam David Son of Ramulu
36 Sunnam Bodappa Son of Venkappa 37 Payam Chukkamma Wife of Gopaiah 38 Madio Suresy Son of Lakshmaiah 39 Vuke Tirupathamma Wife of Jogulu ..... Petitioners AND 1 The State of Telangana, Represented by Principal Secretary, Forest Department, Secretariat Buildings, Hyderabad. 2 The District Collector, Khammam District, Khammam. 3 The Revenue Divisional Officer, Paloncha Khammam District. 4 The Project Officer, ITDA, Bhadrachalam Khammam District. 5 The Divisional Forest Officer, Khammam District, Khammam. 6 The Forest Range Officer, Ramavaram, Khammam District. 7 The Tahsildar, Mulkalpalli Mandal, Khammam District.
Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not regularizing and granting pattas in respect of lands in occupation of the petitioners herein i.e., Ac.83.04 guntas in Sy.No.1-34 of G.P.
Way Point 401, Narayanapuram Village, Chaparapalli Revenue Panchayat, in the Limits of Mulkapalli Mandal, Khammam District in terms of Section 3(1)(a) of Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 further the action of the respondents 5 and 6 herein in threatening the petitioners with eviction is unlawful, arbitrary, irregular and direct the respondents to regularize the occupation of petitioners in the said lands. The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and upon hearing the arguments of SRI P.RAVI SHANKER Advocate for the Petitioners, learned Government Pleader for Forest (T.G.), for Respondent Nos. 1, 5 & 6, and of learned Government Pleader for Revenue (T.G.), for Respondent Nos.2 to 5 & 7, and the Court made the following.
Post after two weeks.
In the meanwhile, no coercive steps for eviction of the petitioners shall be taken.
ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 The State of Telangana, Represented by Principal Secretary, Forest Department, Secretariat Buildings, Hyderabad. 2 The District Collector, Khammam District, Khammam.
3 The Revenue Divisional Officer, Paloncha Khammam District. 4 The Project Officer, ITDA, Bhadrachalam Khammam District. 5 The Divisional Forest Officer, Khammam District, Khammam. 6 The Forest Range Officer, Ramavaram, Khammam District. 7 The Tahsildar, Mulkalpalli Mandal, Khammam District. (1 to 7 by RPAD) 8 One CC to SRI P.RAVI SHANKER, Advocate (OPUC) 9 Two CCs to GP FOR REVENUE (T.G.), HIGH COURT, HIGH COURT BUILDINGS, HYDERABAD (OUT).
10 Two CCs to GP FOR FOREST (T.G.), HIGH COURT, HIGH COURT BUILDINGS, HYDERABAD (OUT).
11 One spare copy.
SRL HIGH COURT ARLRJ DATED: 25.06.2015 NOTE: POST AFTER TWO WEEKS.
ORDER
W.P.NO. 18761 OF 2015 DIRECTION HIGH COURT Drafted by: SRL Date of Drafting : 26.06.2015 ARLRJ DATED: 25.06.2015 NOTE: POST AFTER TWO WEEKS.
ORDER
W.P.NO. 18761 OF 2015 DIRECTION