Mohd Ghouse v. The Conservator Of Forests,

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.26504 of 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus declaring the action of the respondents in interfering with the petitioners' peaceful possession and enjoyment of their land in Bangarijal H/o.Palvancha Village as illegal and arbitrary.

2. Heard the learned counsel for the petitioner and the learned Government Pleader for Forest (Telangana) representing respondent Nos.1 to 4.

3. The claim of the petitioners is that the land in an extent of Acs.30.13 guntas in survey No.999/18 of Bangarijal H/o.Palvancha Village in Khammam District belongs to them by virtue of patta granted to the mother of first petitioner on 26.1.1947. The learned Government Pleader for Forests submitted that the petitioners are encroachers of forest land.

4. At the time of arguments, the learned counsel for both the parties submit that respondent Nos.2 and 3 may be directed to demarcate the forest land and fix the boundaries.

5. Having regard to the facts and circumstances of the case and also the submissions made by the learned counsel for both the parties, respondent Nos.2 and 3 are hereby directed to demarcate the forest land with the help of concerned Mandal surveyors, after service of notice to the petitioners, and fix the boundary stones to the forest land. This exercise may be completed within a period of two months from the date of receipt of a copy of this order.

6. With the above direction, the writ petition is disposed of. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________________ (T.SUNIL CHOWDARY, J)

August 16, 2016.

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