Bardaval Kishan, v. The State Of Telangana

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 21428 of 2016 ORDER:

The case of the petitioners is that the Conservator of Forests, Nizamabad and the Forest Range Officer, Banswada, Nizamabad District, Respondents 3 and 4 herein and their respective subordinates are trying to dispossess them from their lands in Survey Nos. 55/A and 55/E situated at Pidimal Village, Varni Mandal, Nizamabad District, without following due process of law, on the ground that part of the subject land is under 'forest cover'.

The petitioners claim that they are the absolute owners of the lands mentioned above. To substantiate their claim, they have annexed to this Writ Petition, copies of titles deeds issued in their favour on 23.01.2012, latest Pahanis dated 13.06.2016, etcetera. In that view of the matter, it is directed that the respondent authorities shall not interfere with the possession and enjoyment of the petitioners over their lands, without following the due process established by law. However, it is made clear that if the petitioners are found to have encroached the forest land, the respondents are at perfect liberty to proceed against them, under the provisions of the relevant statute.

With this, the Writ Petition stands disposed of. No costs. Consequently, the Miscellaneous Applications, if any shall also stand disposed of.

_____________________________ CHALLA KODANDA RAM, J.

11th July 2016 ksld