Janagam Sammakka Nad 37 Others v. The Union Of India And 4 Others

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 26847 of 2019 ORDER:

This Writ Petition is filed for the following relief: "....to issue appropriate writ, direction or order more particularly one in the nature of Writ of Mandamus or any other Writ or order/ direction to respondent No.1 i.e., The Union of India, Ministry of Tribal Affairs immediately implement The Schedule Tribes and other Traditional Forest Dwellers (Recognition of Forests Rights) Act, 2006 in forest ranges of Lingagudem Village, Gundala Mandal, Bhadradri Kothagudem District, Telangana State, so as to enable petitioners to lodge their claims."

When the matter is taken up, it is submitted by the learned counsel for the petitioners that the issue raised in the present Writ Petition is squarely covered by the order dated 20.09.2019 passed by this Court in W.P.No. 19452 of 2019.

Learned Government Pleader for Forests appearing for respondent Nos.3 and 4 while submitting that the petitioners are encroachers and that contentions raised by the learned counsel in support of their cases have already been stand negated, does not dispute the aforesaid submission.

In those circumstances, the respondent authorities are directed to issue notice to the petitioners in accordance with the applicable law and take necessary steps to evict them or any other persons, who are in occupation of the forest land, duly following the

procedure prescribed. Till such time, the petitioners shall not be evicted from the subject forest land.

With the above directions, this Writ Petition is disposed of. Miscellaneous Petitions, if any pending, shall also stand disposed of. There shall be no order as to costs. _________________________ CHALLA KODANDA RAM, J Dt:04.12.2019 kdl