M/s. Veda Construction Ltd., v. The State of Telangana,

Court: High Court for State of Telangana

Bench: N.V.SHRAVAN KUMAR

Judgment date: 2024-12-26

Case summary

High Court for State of Telangana judgment dated 2024-12-26. M/s. Veda Construction Ltd., v. The State of Telangana,. Read the judgment and case details on...

Judgment text

[ 3255 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY,THE TWENTY SIXTH DAY OF DECETMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE N. V. SHRAVAN KUMAR WRIT PETITION NO: 24384 OF 2015 Between: M/s. Veda Construction Ltd. , Rep. by its Director, Mr. Uduthala Krishna Mohan, 2-5-760, Opp Collectorate, Hanamkonda, Warangal District. ... PETITIONER AND 1. The State of Telangana, Rep. by its Special Chief Secretary Department of Forest, Secretariat Building, Hyderabad. 2. The District Collector, Warangal District, Collectorate, Warangal. 3. The Joint Collector, Warangal Drstrict, Collectorate, Warangal. 4. The Assistant Director, Survey & Land Records, Warangal, Dist. 5. The Revenue Divisional Officer, Mulugu Revenue Division, Mulugu, Warangal District. 6. The Tahsildar, Bhupalpally [\4andal, Warangal District. 7. The Principal Chief Conservator of Forest, (Head of Forest Office) Aranya Bhavan, Saifabad, Hyderabad. 8.

The Conservator of Forest, Warangal District, Warangal. 9. The Asst. Conservator of Forest, Warangal, Warangal District. 10. The Divisional Forest Officer, North Division, Warangal. 1 1 . The Forest Range Officer, Bhupalpally [Vlandal, (North) Warangal District. ... RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the respondenls in not handing over the patta lands of the petitioner to the extent of Ac. 5. 26 in Sy. No. 196 and Ac. 5. 37 Gts. ln Sy. No. 197 of Kompally Village, Bhoopalpally lvlandal, Warangal District, as per earlier joint survey Dt. 15. 2. 2008, 18. 1 . 2010 and 13. 3. 2014 by not implementing il '1258/FOR 2014 the order of the 1 ;t respondent in Memo No-l' 2)12009 Dt. 27.

3 as illegal, arbitrar,/ a rrd unreasonable and consequently dire'rt th e respondents rl-re Forest roachments in herein to handov,:;r patta lands by removing the Enc sy. No. 196 and 1! r7 cf Kompally Village, Bhoopalapally Mandal warangal District l. A. No: 1 OF 2Qj! :51_l[ ,lircu Petition uncler. S,ection 1 5 1 CPC praying that in the mstances stated in pleased to direct the affidavit filec rr s,LrJrport of the petition, the High court nray be th': of Ac. the respondents, t,:) h tndover the patta lands of the petitioner 'o extent 'g{l 5. 26 in Sy. No. and Ac. 5. 37 Gts. ln Sy. No. 197 of Kornpally Village, Bhoopalpally Mande I Warangal District, as per earlier joint su'vey Dt. 15 2. 2008' 18. 1 . 2O1O and '3. :. 2014 which is under the illegal encroachment of the 'l respondents 7 to 1 :ending disposal of the above writ pelition Counsel for the Petilioner: SRl. K P VIJAY KUMAR Counsel for the R:es;pondent Nos. 1&7 to 1 1 : GP FOR FORESf S Counsel for the Fle:;ll,rndent Nos.

2 to 6: GP FOR REVENUE The Court made ther following: ORDER TFIE HONOURABLE SRIIUSTICE N. V. SHRAVAN KUMAR WRIT PETITION No. 24384 of 2O]5 ORDER Heard tearned counsel for the petitioner and [earned Assistant Government Pteader for Forest appearing for respondent Nos. 1, 7 to 11. Learned Assistant Government Pteader for Revenue appearing for respondent Nos. 2 to 6. 2 This writ petition is fited praying to: "to declare the action of the respondents in not handing over the patta lands of the petitioner to the extent of Ac. 5. 26 in 5y No. 196 ond Ac. 5. 37 Gts ln Sy No. 197 of Kompolly Village, Bhoopolpolly l\andol, Worangol District os per earlier joint survey doted 15. 02 2008, 18. 01. 2010 and 13. 03. 2014 by not implementing the order of the l't respondent in Memo No. 1258lFOR 1212009, doted 27. 3. 2014 as illegal, arbitraiy and unreosonoble and copsequently direct the respondents herein to handover the potta lands by removing the Forest Encroochments in 5y No.

196 and 197 of Kompolly Villoge, Bhoopalopally Mandol, Warangal. " 3. Brief facts as sated in this writ petition are that petitioner ctaim to have purchased agricuttural dry tand to an extent of Ac. 16. 34 gts in Survey No. l96 and Ac. 11. 18 gts in Survey No. '197 totaling 28. 12 gts, .. 't.. vide rsgr51,3r6d sate deed Doc No. 861/2006, dated 01 . (17. 2006 and an extent of /\c. 4. 23 gts in Survey No. 197 gts, vide rer;iste,red sate deed, vide Doc Nr>. 119212008, dated 02. 04. 2008. Thereaftr:r, petitioner made an apptir:ation before respondent No. 3, i. e. , Joint Cortector, stating that the litrr<l in Sy Nos. 196 and 197 is encroached by the Forest Departmr:nr.. itbsequently, respondent No. 4 has; adlres;ed a tetter to the Fore:;t Crr iciat to depute Forest officiats to attend j,lint inspection atong wil. h re /,3nue officiats. The Forest officiats ard R,:venue officiat . eport, attended jcrint inspection and prepared surv€. y datecl 15. 02.

2008 \^/ith the hetp of tippon and vittage rnap anci found that in 5y Nos. 196 arcl 197 of Kompatty vittage, Bhoopiltapatty Mandat, there was an encroachment of tand by the Forest Departme:nt. 4. Ag;rin, fk:spondent No. 2 asked the respondent Nr. 4 to conduct afresh joint . orest irspection atong with the respondents and officiat, ':lr,: accordingty, respondent No. 4 has issued a notrce to :rorest officiaLs to attenc fitr icint survey on 18. 12. 2018 and once ;tgai r panchanama and sketch plen was prepared by the respondent No 4 ir the presence of Forest ard ll:venue Officiats and the survey report wa,; signed in the presence 6t' pilnchas. Meanwhite respondent No,11 i. e.. Forest Range Officer, Bhr:ropa[apatty Mandat, addressed a letter t() re:,pondent No. 9 i. e, Assistant (:)nservator of Forest and stated that he has conducted GPA survery a. ong with existing boundary pittars and exit,ting forest of ::3:: Kompatty extension btock and atong with boundaries of 5y Nos.

196 and 197 and it was further stated in the proceedings that there are ptantations raised by the Forest Department in some portion approximatety 5. 2 hectors in Sy Nos. l96 and 197. 5. Further case is that the respondent No. l0, addressed a [etter vide Rc. No. 4937/20081A2, dated 15. 07. 201 3 to the respondent No. 4 and other respondents, again requesting to conduct another joint survey. Respondent No. 4 has given a reply, vide [etter dated 24. 01 . 2014 stating that a joint survey was conducted by different survey officers in different spetts in the presence of the officiat respondents, Tahsildar, V. R. O. , F. R. O. , and Dy. F. R. O.. , and given reports stating that certain portion of land in Sy No. 196 and 187 was encroached by the Forest Department and no further survey is required. The respondent No. 1 addressed a letter dated 25. 01 . 2024 to respondent No. 7 i. e.

, Principat Chief Conservator of Forest to furnish copy of the joint survey report immediatety for taking further action, however, the respondent No. 7 in his repty disctosed that the forest officiats themselves conducted survey of their own land unitateratly on 05. 02. 2014 and reported that there was no encroachment by the department and the boundaries of forest btock have been demarcated with the hetp of GIS wing. \- \1 6. Lr:a'necl counsel for the petitioner furtherr c. nte,rded that since Forest. ff'ci;rls are not accepting the said eartier j,int survey reports, and in p'g'511;1rrce to the directions of District cotter:tor warangat, the Revenue, Di,rrsional Officer, Mulugu i. e. , respond::nt No. 5 has addressed a [(]tter dated 05. 03. 2014 to att the respon:1ents inctuding writ petitr,ln()r-s stating that in view of the boundar. / di:;putes and that the eartie. ;. int inspection reports were disputed tnd in order to fix boundarie,; ,)F the patta tands in respect of Sy. N,ls.

1{)2 and 196 of KompaItv'r'itlzrge, Bhoopatapatty Mandat, WarangaI D. strict, notices were iss:e,C to ths 66n6s1ned who are [ocated adjacerrt to Kompatty Forest E{tr}nsion Btock and joint inspection was fixed on 13. 03. 2013 and vide tette r dated 13. 03. 2014 issued by Assistant Dire,ctor of survey and Lancl Fiecc rds, Warangat, . o. nt it was reiterated that th,: eartier suryey was ccnducted on 15. 02. 200g and 1g. 01 . 2010 in the presence of revenur: and forest officiats reported no vari. rtior;. Thereafter, respondent l,lrr. 1, vide Memo 125glFOR. l(2)/2009, datcd 21 . 03. 2014 had considerec the joint survey report of the responcent No. 4 and connecte,l liLe s and directed principat the chief conserv,ltor of Forest to take im'nr:iiate further action to re-fix the boLrndaries of forest btock as w,::tl ;rs Patta tands in Survey No.. l96 and 197 of Kompatty Vittage, Bhc,op>il. apatty Mandat, WarangaI District . ::5:: 7.

Learned counsel for the petitioner further contended that from the first survey to titt date, the Revenue officiats neither fixed nor segregated the boundaries of Forest Land and private patta [and. Hence, petitioner made representations dated 29. 05. 2014 and 14. 07. 7014 to respondents to hand over the petitioner's patta tand as per the Survey Report Dated 15. 02. 2008, 18. 0'l . 2010 and 13. 03. 2014, however titl date, no orders were passed by the respondents on the petitioner's representation and pray this Court to pass appropriate order on the petitioner's representation basing on the joint survey report dated 15. 02. 2008, 18. 01 . 2010 and 13. 03. 2014. 8. Learned Assistant Government Pteader for Forest appearing for respondents No. 1, 7 to 11 submits that during the surveys conducted on 15. 02. 2008, 18. 01 . 2010 and 13. 03.

2014, the Forest officiats have not signed the said survey report and their names were wrongty mentioned in panchanama and disputed tand is a part of Sy No. 171 and '197. not in 5y Nos. 196 & The forest officiats coutd not object to atl the survey reports conducted on 15. 02. 2008, 18. 01 . 2010 and 13. 03. 2014, as the same was done unitateratty. 9. Learned Assistant Government Pteader appearing for Forest submits that if the said petitioner's representation is stitt pending for consideration, the respondent No. 2 i. e. , District Cotlector may be directed to dispose of the petitioner's representation, dated 79. 05. 21)1 4 zrd 14. 07. 2014 after giving a fair oppo'tunrty of hearing to responderrt \os. 7 to i1 i. e Forest officiats and pass appropriate orders i,-t ,rcccrdance with taw. 10. Learrred Assistant Government for Revenue did not raise any objection 11. Tlre is;te pertains to boundary disputes whi:h cannot be decided r;n affidavits.

rn view of the same and recording the submissi,cr s rrrade by [earned counsel on either sidr: and without expressirrg ar \/ opinion on merits of the case, this court deems it appropri'atr: t: dispose of the writ petition directing respondent No. 2 to dispose, fir3 petitioner,s representations dateri Zt,r. 05. ZO14 and 14. 07. 201a b,r' considering the joint survey report, datrd 15. 02. 200g, '18. 01. 201c arrd 13. 03. 2014 after perusing the ret. vant records and after givin;l a personal hearing of opportunity to att lhe concerned parties inci. u(j ng petitioner and forest officiats sha[ pa,;s appropriate order in acl:orlance with taw within a period of thre= (3 months from the date of r. ,:,:ipt of copy of the order and commuricat3 the same to the conce,rnerJ parties. 12.

lt is rrerrlt: ctear that, this Court has not expr*sseJ any opinion on the titte, po';session of the parties of the subject croprelly and it is upto respondent authorities to verify and rectify their records and pass appropriate orders in accordance with [aw. 13. Accordingty, this writ petition is disposed of. Miscetlaneous apptications, if any pending, shatl stand ctosed. No order as to costs. SD/- A. SRINIVASA REDDY ANT REGISTRAR //TRUE COPY// \ SECTION OFFICER To, 1. The Special chief secretary Department of Forest, secretariat Buirding, Hyderabad. 2. The District Collector, Warangal District, Collectorate, Warangal. 3. The Joint Collector, U/arangal District, Collectorate, \l/aranga!. 4. The Assistant Director, Survey & Land Records, Warangal, Dist. 5- The Revenue Divisional Officer, Mulugu Revenue Division, tVulugu, Warangal District. 6. The Tahsildar, Bhupalpally Mandal, Warangal District.

7 The Principal chief conservator of Forest, (Head of Forest office) Aranya Bhavan, Saifabad, Hyderabad. 8. The Conservator of Forest, Warangal District, Warangal. 9. The Asst. Conservator of Forest, Warangal, Warangal District. 10. The Divisional Forest Officer, North Division, Warangal. 'l 1. The Forest Range Officer, Bhupalpally Mandal, (North) Warangal District. 12. One CC to SRl. K P VIJAY KUIVTAR Advocate [OpUC] 13. Two CCs to GP FOR FORESTS ,High Court for the State of Telangana. tourl '14 Two CCs to GP for Revenue, High Cou( for the State of Telangana at Hyderabad. [OUT] M 15. Two CD Copies KKS GJP I I HIGH COUFIT DATED:26112!. ,2024 4 HE S14 I i',''' J \1 C r ') 2' lutl Z[ts to,. \\, * \ ictrcHtjo <s ORDER of 2015 WP. No. 24384 WRIT PETITION DISPOSIN(3 HE WITHOUT CoSTS (;J ) \\

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