SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2023 Supreme(Online)(TEL) 1215

THE HONOURABLE SMT. JUSTICE P.SREE SUDHA

ORDER:

The present Civil Revision Petition is filed by the State of Telangana, under Article 227 of the Constitution of India, aggrieved by the Judgment and decree, dated 23.09.2016, passed in C.M.A.No.5 of 2015 on the file of the Principal District Judge, Ranga Reddy District at L.B.Nagar.

2. The Board of Revenue through its order in letter No.10815/17-A dated 23.07.1953 allotted an extent of Ac.570.00 Guntas of land including Ac.102.00 Guntas of land from out of total extent of Ac.770.27 Guntas in Sy.No.201/1 of Saheb Nagar Kalan village to the Forest Department for establishment of Soil Conservation Research Centre. Respondents 1 to 3 herein claiming to be the Legal Representatives/successors of Salar Jung-III filed a claim petition on 30.11.2005 before the Forest Settlement Officer, Hyderabad, explaining the reasons for the delay in submitting the claim petition against the notification under Section 4 of the A.P. Forest Act, 1967, in respect of Gurramguda Forest Block, that it is a private property of Salar Jung-III as per the sale deed dated 05.03.1243 Hijri and Jagir Administrator, Hyderabad and Letter No.808/CH, dated 24.04.1954 releasing Sahebnagar Kalan village lands from integration in favour of Salar Jung Estate and as such the land to an extent of Ac.102.00 in Sy.No.201/1 of Saheb Nagar Kalan village may be excluded from the said notification. Considering the material available on record, the Forest Settlement Officer allowed the claim by an order, dated 15.10.2014, requesting the Divisional Forest Officer to exclude the said land from notification of Gurramguda Forest Block. Aggrieved by the said order, the Government preferred C.M.A.No.5 of 2015 and the same was dismissed by the Principal District Judge, Ranga Reddy District vide judgment dated 23.09.2016. Against the said judgment, the State of Telangana preferred the present revision petition.

3. It is a long drawn litigation between the State Government and the claimants in different Forums and authorities.

Therefore, I find it reasonable to narrate the facts in brief.

4. Initially, the Forest Settlement Officer, Hyderabad, vide proceedings No.B/1428/71 dated 03.09.2010 stated that in exercise of powers conferred under Section 4 of the Andhra Pradesh Forest Act, 1967, the Government through G.O.Ms.No.772, Food and Agriculture (Forest-III), dated 18.06.1971 declared an area of Ac.102.00 Guntas situated in Sahebnagar Kalan village, Hayathnagar Mandal, as Reserve Forest and the same was published in District Gazette vide Letter No.1428/B/71 dated 10.01.1971, District Gazette No.15 dated 26.07.1971 and also published in the Andhra Pradesh Gazette No.23-C dated 12.08.1971. Proclamation under Section 6 of the Andhra Pradesh Forest Act, 1967 for the proposed Gurram Guda Reserve Forest Block was published in the District Gazette No.1 dated 05.01.1972 and also published on the Notice Board of Ibrahimpatnam Tahasil Office as certified by the Tahsildar, Ibrahimpatnam in his Ref.No. LDis.A4/949/71 dated 18.12.1971. As per the Survey Settlement Record, Ranga Reddy District, it is evident that the land bearing Sy.No.201, Sahebnagar Kalan village of Hayathnagar Mandal, Ranga Reddy is recorded as Kancha Poramboke Sarkari. The then Forest Settlement Officer, Hyderabad, has prepared the proposals under Section 15 of Andhra Pradesh Forest Act, 1967 and submitted to the District Collector, Ranga Reddy District, for verification and onward transmission to the Conservator of Forest, Hyderabad vide his Letter No.B/1428/1970 dated 20.12.2004 and the same has been approved by the District Collector and transmitted to the Forest Department, Hyderabad vide Letter No.E4/8097/2008 dated 02.03.2008 for necessary action. As per Form-I and II of Section 15 proposals, it was evident that no such claims were pending in the Forest Block and no patta lands were included in Gurramguda Reserve Forest Block.

5. One Mir Jafar Ali Khan (Respondent No.1 herein) and others filed a claim petition on 02.12.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top