Telangana High Court
WP/15498/2003 of Mir. Khamruddin Ali Khan, Vs Forest Department on 30 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 15498 of 2003 Between: Mir. Khamruddin Ali Khan, S/o. Moosakhan H.No.6-3-1089/C,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE GODA RAGHURAM
WRIT PETITION NO : 15498 of 2003
Between:
Mir. Khamruddin Ali Khan, S/o. MoosakhanH.No.6-3-1089/C, Somajiguda, Hyderabad.
AND
... PETITIONER
1. Forest Department rep by Curator Banjara Hills, Hyderabad.2. Divisional Forest Officer Planning and Extention Lakdi-ka-pool, Hyderabad. 3. The Curator National Parks, Hyderabad.
....RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the affidavit filed herein the High Court may be pleased toissue writ, order or direction more particularly one in the nature of WRIT OFMANDAMUS declaring the action of the Respondents in high handedlydispossessing and digging the land bearing Sy.No.1 admeasuring 250 acressituated at Chilkur Village, Moinabad Mandal, Ranga Reddy Dist. as arbitrary,illegal.
Counsel for the Petitioner: MR.VIJAY KUMAR HEROOR
Counsel for the Respondents: GP FOR FORESTS
The Court made the following:
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORAL ORDER:
This Writ Petition is filed alleging that the respondents are trying to dispossess thepetitioner from the land and digging the land in Survey No. 1 admeasuring 250 acressituated at Chilkur village, Moinabad Mandal, Ranga Reddy District, without dueprocess of law.
2. According to the petitioner, he acquired the land through a Firman issued byH.E.H Nizam Mir Osman Ali Khan Bahadur on 15[th] Sahban 1367 Hijri. The ForestDepartment notified the lands including these lands as a reserve forest, in all in anextent of 1211 acres and a notification was issued under Section 4 of the A.P.(Telangana Area) Forest Area, 1355 fasli to constitute Chilkur forests block inChilkur village and appointed the Forest Settlement Officer to enquire and determinethe existence, nature and extent of any rights, if any, claimed in the lands notified, byany person. According to the petitioner, the Forest Settlement Officer by an orderdated 13.06.1988 upheld the petitioner’s claims to being the owner of the land whilerejecting the claim of several others. Persons who were aggrieved by the orders ofthe Forest Settlement Officer, filed CMAs against the order before the PrincipalDistrict Judge, Ranga Reddy District in CAs 84, 85,96 and 116 of 1988. Thepetitioner got himself impleaded in these CMAs. The learned District Judge, RangaReddy allowed the CMAs vide IA Nos. 1794, 2842, 2043, 2044 of 1999 on23.08.2001 and remanded the matter to the Forest Settlement Officer to conductfresh enquiry after hearing all the necessary parties. As against the above orders ofthe learned District Judge, Ranga Reddy District, the petitioner asserts, some of theaggrieved claimants filed CRPs which are pending before this Court. At that stage, the petitioner alleges, the respondents’ staff have come to the land on 24.07.2003and tried to dispossess the petitioner and therefore, the Writ Petition is filed.
3. The Forest Department, Wildlife Management Division, Hyderabad has filed acounter affidavit categorically asserting that the land is in possession of the ForestDepartment, and that the petitioner is not in possession of any land in Survey No.1of the village, that the entire Survey No.1 of Chilukur Village admeasuring 1211acres is notified as a Reserve Forest block and was in continuous possession of theForest Department since 1956 and therefore, the question of dispossessing thepetitioner by the respondents does not arise.
4. As apparent from the aforesaid pleadings there is a dispute as to the title to theland as well as possession thereof. Such disputed facts normally do not have anyadjudicative disposition before this Court under Article 226 of the Constitution ofIndia. The remedy of the petitioner is to approach appropriate Civil Court ofcompetent jurisdiction.
5. The Writ Petition is therefore, dismissed with a liberty to the petitioner to pursueappropriate alternative remedies. No costs.
____________
30-12-2004
kvrm
To
1. The Curator, Forest Department, Banjara Hills, Hyderabad.
2. The Divisional Forest Officer Planning and Extension Lakdi-ka-pool, Hyderabad. Lakdi-ka-pool, Hyderabad.
3. The Curator, National Parks, Hyderabad.
4. 2 CCs to GP for Forests, High Court Buildings, Hyderabad (OUT)