Telangana High Court
WP/28203/2008 of Hatkari Nagamma Vs The Divisional Forest Officer, on 26 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO.28203 of 2008 Between: 1 Hatkari Nagamma W/o.Hatkari Anjaiah, R/o.Didigi Village,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)
FRIDAY, THE TWENTY SIXTH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA
WRIT PETITION NO.28203 of 2008
Between:
1 Hatkari Nagamma W/o.Hatkari Anjaiah, R/o.Didigi Village, Zaheerabad Mandal, Medak District.
2 Hatkari Tuljamma W/o.Hatkari Narsimhulu, R/o.Didigi Village, Zaheerabad Mandal, Medak District.
3 Bayagari Thippamma W/o.B.Thukkaya, R/o.Didigi Village, Zaheerabad Mandal, Medak District. Zaheerabad Mandal, Medak District.
4 Kaledam Narsamma W/o.Kaledam Balaiah, R/o.Didigi Village, Zaheerabad Mandal, Medak District. Zaheerabad Mandal, Medak District.
5 Kaledam Eshwaramma W/o.Kaledam Ashappa, R/o.DidigiVillage, Village, Zaheerabad Mandal, Medak District.
6 Golla Beeramma W/o.Golla Gundappa, R/o.Didigi Village, Zaheerabad Mandal, Medak District. Zaheerabad Mandal, Medak District.
7 Golla Mallamma W/o.Golla Nagappa, R/o.Didigi Village, Zaheerabad Mandal, Medak District. Zaheerabad Mandal, Medak District.
8 Sangeetham Savitramma W/o.S.Manaiah, R/o.Didigi Village, Zaheerabad Mandal, Medak District. Zaheerabad Mandal, Medak District.
9 Sangeetham Rekhamma D/o.S.Manaiah, R/o.Didigi Village, Zaheerabad Mandal, Medak District. Zaheerabad Mandal, Medak District.
10 Sangeetham Mallamma W/o.S.Yellappa, R/o.Didigi Village, Zaheerabad Mandal, Medak District. Zaheerabad Mandal, Medak District.
11 Khaleel Khajabee W/o.Khaleel Abdul Ghani, R/o.Didigi Village, Zaheerabad Mandal, Medak District. Zaheerabad Mandal, Medak District.
12 S.Shanthabai W/o.S.Dhasharath, R/o.Didigi Village, Zaheerabad Mandal, Medak District.
13 M.Bharathi Bai W/o.M.Rajashekar, R/o.Didigi Village, Zaheerabad Mandal, Medak District.
14 Yerupula Ramulamma W/o.A.Maruthi, R/o.Didigi Village,
Zaheerabad Mandal, Medak District. 15 Mamidi Suvarna W/o.Mamidi Chukkaiah, R/o.Didigi Village, Zaheerabad Mandal, Medak District. 16 Mamidi Rukamma W/o.Mamidi Vishwanadham, R/o.DidigiVillage, Zaheerabad Mandal, Medak District. 17 S.Vijayalakshmi W/o.S.Venkataswamy, R/o.Didigi Village, Zaheerabad Mandal, Medak District. 18 D.Vijaya W/o.D.Swamy, R/o.Didigi Village, ZaheerabadMandal, Medak District. 19 M.D.Saleema W/o.M.D.Sattar Miya, R/o.Didigi Village,Zaheerabad Mandal, Medak District. 20 M.D.Abeda Begum W/o.Md. Aziz, R/o.Didigi Village,Zaheerabad Mandal, Medak District. 21 Dara Narmada W/o.Dara Jangaiah, R/o.Didigi Village,Zaheerabad Mandal, Medak District. 22 Habeeb Begum W/o.M.D. Saber, R/o.Didigi Village,Zaheerabad Mandal, Medak District. 23 Dasa Malleshwari W/o.Santhosh Kumar, R/o.Didigi Village, Zaheerabad Mandal, Medak District. 24 A.Lakshmi W/o.Gali Reddy, R/o.Didigi Village, ZaheerabadMandal, Medak District. 15 Mamidi Suvarna W/o.Mamidi Chukkaiah, R/o.Didigi Village, Zaheerabad Mandal, Medak District. 16 Mamidi Rukamma W/o.Mamidi Vishwanadham, R/o.DidigiVillage, Zaheerabad Mandal, Medak District. 17 S.Vijayalakshmi W/o.S.Venkataswamy, R/o.Didigi Village, Zaheerabad Mandal, Medak District. 18 D.Vijaya W/o.D.Swamy, R/o.Didigi Village, ZaheerabadMandal, Medak District. 19 M.D.Saleema W/o.M.D.Sattar Miya, R/o.Didigi Village,Zaheerabad Mandal, Medak District. 20 M.D.Abeda Begum W/o.Md. Aziz, R/o.Didigi Village,Zaheerabad Mandal, Medak District. 21 Dara Narmada W/o.Dara Jangaiah, R/o.Didigi Village,Zaheerabad Mandal, Medak District. 22 Habeeb Begum W/o.M.D. Saber, R/o.Didigi Village,Zaheerabad Mandal, Medak District. 23 Dasa Malleshwari W/o.Santhosh Kumar, R/o.Didigi Village, Zaheerabad Mandal, Medak District. 24 A.Lakshmi W/o.Gali Reddy, R/o.Didigi Village, ZaheerabadMandal, Medak District.
25 G.Anitha W/o.Madhava Reddy, R/o.Didigi Village, Zaheerabad Mandal, Medak District ....PETITIONERS
AND
1 The Divisional Forest Officer, Sanga Reddy, Medak District.2 The Sub-Divisional Forest Officer, Zaheerabad, Medak District.3 The Forest Range Officer, Zaheerabad, Medak District.2 The Sub-Divisional Forest Officer, Zaheerabad, Medak District.3 The Forest Range Officer, Zaheerabad, Medak District.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of therespondents in interfering with the Government land to an extent of 2.00acres to 3.00 acres each of the petitioners in Sy.No.44 situated atDidigi Village, Zaheerabad Mandal, Medak District is highly arbitrary,bad and illegal and pass such other order or orders as deem fit andproper.
Counsel for the Petitioner: MR.P.PRABHAKAR REDDY
Counsel for the Respondents: GP FOR FORESTS
The Court made the following:
THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA
WRIT PETITION NO.28203 of 2008
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ORDER:
According to the petitioners, they are all landless poor personseking out their livelihood by attending to coolie work. There is a vastextent of Government land situated in Survey No.44 of Didigi Village ofZaheerabad Mandal and because of poverty, they gaverepresentations to the Mandal Revenue Officer as long back as in theyear 1982 requesting him to assign a part of land in the said surveynumber, so that they can eke out their livelihood by attending toagricultural operations. Though the petitioners were not granted anypattas or assignments, however, they were permitted to cultivate thesaid land at the rate of Acs.2 or Acs.3 each. Accordingly, theyoccupied the said land and are eking out their livelihood by attending to agricultural operations. On coming to know that the petitioners haveencroached into the Government land, the Forest Officials interferedwith the petitioners’ peaceful possession and though they pleaded withthem stating that it is only on the basis of the oral permission given bythe Revenue authorities, they occupied the Government land but theForest Officials are not heeding to their request and hence, theyapproached this Court and filed the present Writ Petition.
Having heard the learned counsel for the petitioners, this Court isof the view to dispose of the Writ Petition at the stage of admission. When once it is stated by the petitioners that they are in occupation andpossession of the land in question since 1982 and the same is withinthe knowledge of the Mandal Revenue Officer and the RevenueDivisional Officer, in my considered view, even if the said land belongsto the Forest Department, the said Department is not expected tointerfere with the petitioners’ peaceful possession without following dueprocess under law.
Accordingly, the Writ Petition is disposed of with a direction to therespondents herein not to interfere with the peaceful possession of thepetitioners’ land without following due process under law.
_________________________
(GOPALA KRISHNA TAMADA, J)
26[th] December 2008
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