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2019 Supreme(Telangana) 362

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
P.NAVEEN RAO, J.
Kunja Nagaiah, S/o Nagaiah and Ors - Petitioner
Versus
The State of Telangana, rep. by its Prl. Secretary and Ors - Respondents
Writ Petition Nos.30, 108, 110, 111, 113, 115, 118, 121, 145, 150, 151, 155, 169, 187, 355, 356, 357 and 364 of 2019
Decided On : 13-12-2019

Advocates:
Advocate Appeared:
For the Petitioner: Sri V.V.N.Narayana Rao

Point of Law :
Writ Court may refuse to grant relief in a case where justice and larger public interest require denial of such relief as compared to grievance of an individual, even assuming there is breach of natural justice/statutory prescription writ Court do not issue futile writs. It must be exercised with great caution and only in furtherance of public interest or to set right grave illegality. Larger public interest must be kept in mind to decide whether intervention of the court is called for in a given case, more so when community properties are involved

Headnote:

Telangana Land Revenue Act, 1317 Fasli - Section 33 - Telangana Forest Act, 1967 - Section 26 - Cancellation of assignments - Disclose petitioner claims - Material averments in the affidavit filed in support of the writ petition disclose petitioner claims to belong to Koya community living in village, a village located in agency area. His grand father was granted patta - After death of his father and grand father, he succeeded to the property and is cultivating the land. Earlier, when forest officials were trying to interfere in the possession, some of the patta holders filed W.P. - Said Writ Petition was disposed of by order directing forest officials not to interfere with possession and enjoyment of the subject land unless pattas granted to them were cancelled - Averments further disclose that the Revenue Divisional Officer conducted enquiry and submitted his report to the District Collector vide his letter -

Finding of the Court:

Guided by the plethora of precedent decisions, it is seen that in the cases on hand land in issue is reserved forest land. The reserve forest land vests in Forest Department and designated authority of Forest Department is custodian. The reserve forest land cannot be used/diverted for any purpose other than development of forest growth. Revenue authorities have no competence to deal with forest land and assign such land. Section 33 of Land Revenue Act, 1317 Fasli does not give free licence to revenue authorities and is subject to Act, 1927, Act, 1967 and Act, 1980 and subject to overarching public interest and public trust doctrine. From long time possession vested in the Forest Department. Thus, merely on the ground that after long lapse of time power is exercised to cancel the assignment cannot enure to the benefit of petitioners as granting relief to petitioners would result in restoring another illegal decision. More so, when possession is not proved on contest with Forest Department - Permitting petitioners to cultivate land in reserved forest is against public interest - Prayers sought in the Writ Petitions cannot be granted - Petitioners are otherwise entitled to assignment of land, they may apply to the competent authority. Not with standing dismissal of these writ petitions -

Result: Writ Petitions are accordingly dismissed

ORDER :

1. Heard Sri V.V.N.Narayana Rao, learned counsel for petitioners and the learned Government Pleader for Revenue for respondents. With consent of both parties, Writ Petitions are taken up for hearing at the admission stage.

2. In these Writ Petitions, petitioners are challenging the orders cancelling the assignment of land granted to grand parents/ spouses/parents. The basic facts and issue is same in all the Writ Petitions.

3.1. For convenience, facts in W.P.No.118 of 2019 are noticed. The material averments in the affidavit filed in support of the writ petition disclose that petitioner claims to belong to Koya community ( a Scheduled Tribe) living in Lakshmidevipalli village, a village located in agency area. His grand father was granted patta to an extent of Ac.2.30 guntas in Sy.No.17 of Lakshmidevipalli village. After death of his father and grand father, he succeeded to the property and is cultivating the land. Earlier, when forest officials were trying to interfere in the possession, some of the patta holders filed W.P.No.30038 of 1998. The said Writ Petition was disposed of by order dated 11.02.2002 directing forest officials not to interfere with possession and enjoyment of the subject land unless pattas granted to them were cancelled. The averments further disclose that the Revenue Divisional Officer conducted enquiry and submitted his report to the District Collector vide his letter dated 16.03.2011. The report points out that the concerned land was handed over to Revenue Department in the year 1954 for grant of assignments. Accordingly, assignments were granted, Setwar was issued and implemented in village records.

3.2. Notice dated 23.04.2016 was served on petitioner calling upon him to show-cause why patta granted in the name of grand father should not be cancelled. Petitioner claims to have filed his explanation.

4. The stand of all the petitioners is same. They all belong to Koya Community and natives of Laxmidevipally village. Their family members were assigned land some time in the year 1964. They are in possession of the respective extents of land. They are eking out living by raising Cashew tope. The details of writ petitions are shown in table below:

Sl. No.

W.P. No.

Party Name S/Shri

Assignment made in favour of S/Shri

Extent, Sy.No. and place

1.

30 of 2019

 Kunja Nagaiah

Kunja Nagaiah

Ac.2.30 guntans in Sy.No.17 of Lakshmidevipalli village

2.

108 of 2019

Ms. Maddi Yashoda

Maddi Yerriah

Ac.2.30 cents in Sy.No.17/35 of Lakshmidevipalli village

3.

110 of 2019

Ms. J.Durga Bhavani

Kunja Lakshmaiah

Ac.5.05 cents in Sy.No.17 of Lakshmidevipalli village

4.

111 of 2019

Punem Rama Krishna

Punem Rama Krishna

Ac.2.30 cents in Sy.No.17/41 of Lakshmidevipalli village

5.

113 of 2019

Thati Bala Krishna

Thati Veeraiah

Ac.2.30 cents in Sy.No.17/37 of Lakshmidevipalli village

6.

115 of 2019

Chapala Abbas

Chapala Nagaiah

Ac.2.30 cents in Sy.No.17/34 of Lakshmidevipalli village

7

118 of 2019

Settipalli Siva Kumar

Settipalli Mallaiah

Ac.2.30 cents in Sy.No.17 of Lakshmidevipalli village

8.

121 of 2019

Punem Papaiah

Punem Papaiah

Ac.2.30 cents in Sy.No.17 of Lakshmidevipalli village

9.

145 of 2019

Thati Shankar

Thati Suraiah

Ac.2.30 cents in Sy.No.17/36 of Lakshmidevipalli village

10.

150 of 2019

Kunja Nagaiah

Kunja Nagaiah

Ac.2.30 cents in Sy.No.17 of Lakshmidevipalli village

11.

151 of 2019

Koram Narasaiah

Koram Narasaiah

Ac.2.30 cents in Sy.No.17/38 of Lakshmidevipalli village

12.

155 of 2019

Chinta Naga Raju

Chinta Bakkaiah

Ac.2.30 cents in Sy.No.17/40 of Lakshmidevipalli village

13.

169 of 2019

Chatla Bakkaiah

Chatla Bakkaiah

Ac.1.00 cents in Sy.No.17/55

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