The court upheld the principle that claims to ownership over lands designated as reserved forest cannot be established without following lawful de-reservation processes.

ORDER :

1. This Writ Petition is filed seeking the following relief:

“… to issue writ or direction preferably writ of mandamus declaring the show cause notices dt:11-8-2016 issued by the respondent No.2 i.e. bearing Rc.No.E3/1496/2009/25 (addressed to the late father of petitioner nos.1 to 3); Rc.No.E3/1496/2009/55 issued to the petitioner no.4; Rc.No.E3/1496/2009/54 issued to the petitioner no.5 and Rc.No.E3/1496/2009/23 addressed to the late father of the petitioner no.6; and Rc.No.E3/1496/2009/44 issued to the petitioner no.7 for cancellation of pattedar pass books and title deeds in respect of lands in Sy.no.17 of Laxmidevipally(v) Kothagudem(M) of Khammam District, concerning the writ petitioners as illegal, arbitrary, contrary to record, without jurisdiction and violative of principles of natural justice and consequently set aside the said show cause notices dt:11-8-2016 and pass such other or further orders as this Hon’ble court deems fit and proper in the circumstances of the case.....”

2. Heard Mr. Hanumantha Rao, learned counsel representing Mr.Kowturu Vinaya Kumar, learned counsel for petitioners, Ms.Dara Haritha Kiran, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 5 and learned Assistant Government Pleader for Forests appearing for respondent Nos.6 and 7.

3. It is submitted by learned counsel for petitioners that show cause notices, dated 11.08.2016 (Ex.P1 annexed at Pg.Nos.15 to 19) were issued by Office of Superintendent (B-Section), Collectorate, Khammam. The following are the contents of show cause notices:-

“In the reference cited, the Revenue Divisional Officer, Kothagudem has submitted the report stating that, the land in Sy.No.17 measuring to an extent of Acrs.2194.00 gts in Laxmidevipalli Village of Kothagudem Mandal was notified in the Chatakonda Reserve Forest Area vide Notification Gazette No.1 dt:03.01.1355 Fasli U/s 18 of HYDERABAD FOREST ACT , 1326 Fasli and the then Tahsildars issued pattas and PPBs/TDs irregularly in the forest land and requested to cancel the PPBs/TDs.

Further vide reference 2nd cited, the Tahsildar, Kothagudem has reported that (63) persons were issued PPBs/TDs in Sy.No.17 Laxmidevipalli Village assuming that these lands are treated as patta lands and requested to cancel the pattadar passbooks and Title deeds issued in favor of them. Sri Vatekonda Nageswara rao S/o. Papaiah is one among them and he was issued PPBs/TDs in Laxmidevipalli Village for the lands to an extent of Acrs.8.00 gts in Sy.No.17/1/u/2 by the then Tahsildar, Kothagudem.

Hence, Sri Vatekonda Nageswara rao S/o.Papaiah is directed to submit written explanation as to why the entries made in Revenue Records and Pattadar pass books and title deeds for the above mentioned lands should not be cancelled and also directed him to attend personal hearing on at 4.00 PM on 18.08.2016 at Collectorate, Khammam along with evidences to support your claim.

If no appearance is made on your behalf, by yourself or by your pleader or by someone authorized to act for you in this appeal, it will heard and decided in your absence as per the material available on record.”

4. Copies of representations submitted to the Office of Tahsildar, Kothagudem Mandal on 19.08.2016, are placed on record (Ex.P3 annexed at Pg.Nos.21 to 35). Pattadar Adangals/Pahani copies, Form 1B, Form 13 B and Form 13 C Namunas are annexed (Exs.P4 to P8, annexed at Pg.Nos.37 to 116).

5. It is the specific case of petitioners that they have been enjoying the subject lands by cultivating the same for decades uninterruptedly and that they have also been issued pattadar pass books in respect of the same. That they received show cause notices with contents stating that in Sy.No.17 of Laxmidevipalli Village, an extent of Acs.2194.00 gts., was notified in Chatakonda Reserve Forest Area vide Notification Gazette No.1 dated 03.01.1355 Fasli under Section 18 of HYDERABAD FOREST ACT , 1326 Fasli. Respondent No.5-Tahsildar reported that 63 persons w