HON’BLE MRS JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.15044 OF 2022

ORDER:

Heard Sri G. Madhusudhan Reddy, learned counsel appearing on behalf of the petitioners, the learned Assistant Government Pleader for Forests appearing on behalf of respondent Nos.1 to 3, learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.4 to 6, Sri Putta Krishna Reddy, learned Standing Counsel appearing for respondent No.7 and learned Assistant Government Pleader for Home appearing for respondent No.8.

2. The petitioners approached this Court seeking prayer as under:

“….to issue writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in trying to demolish the houses of the petitioner No 1 bearing No. 6-161/1, 6-153/A, house of the petitioner No.2 bearing house No.6-164A in survey No.6o situated at Mahalaxmipuram, Narapally village pocharam Muncipality, Medchal Malkajigiri District and also trying to dispossess/evict the petitioners 3 to 12 from the peaceful possession and enjoyment of the house site plot No.163/A eastern plot extent 139 sq.yards, plot No.160/A extent 250 sq.yards, Plot No.159A extent 250 sq.yards, Plot No.158A extent 125 sq.yards, plot No.149/A extent 175 sq.yards, Plot No.148A extent 220 sq.yards, Plot No 157 extent 300 sq.yards and plot Nos.165 and 166A extent 515 sq.yards respectively all are in survey No.6o situated at Mahalaxmipuram Narepally village Pocharam Muncipality Ghatkesar Mandal Medchal Malkajigiri District on the ground that these plots are the part of forest land in survey No.55 without issuing any notice and following the due process of law as arbitrary and illegal and contrary to the notification vide No.20 dated 17.5.2012 and in violation of the principles of natural justice and in violation of the Article 14 16 and 300A of constitution of India and consequently to direct the respondents not to interfere into the peaceful possession and enjoyment of the houses and plots without issuing any notice and following the due process of law and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstance of the case.”

3. It is represented by the learned counsel appearing on behalf of the petitioners, learned Assistant Government Pleaders for Forests appearing on behalf of the respondent Nos.1 to 3 and learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.4 to 6 respectively that the subject issue in the present case is squarely covered by the orders of this Court, dated 25.04.2025 passed in W.P.No.12947 of 2025 and therefore, the petitioners herein are entitled for the same relief as extended to the petitioners in W.P.No.12947 of 2025 and hence, the present Writ Petition could be disposed of in terms of the orders of this Court, dated 25.04.2025 passed in W.P.No.12947 of 2025.

4. Taking into consideration:-

a) The aforesaid facts and circumstances of the case.

b) The submissions made by the learned counsel appearing for the petitioners, the learned Assistant Government Pleader for Forests appearing for respondent Nos.1 to 3 and the learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.4 to 6.

c) The orders of this Court, dated 25.04.2025 passed in W.P.No.12947 of 2025.

The present Writ Petition is disposed of directing respondent Nos.3 and 4 to conduct a joint survey and demarcate the lands of the petitioners as w ell as the Forest Department. I n case, the petitioners’ lands are found to be w ithin the boundaries of the Forest lands, they shall be evicted, after following the due procedure established under law . The entire exercise shall be completed as expeditiously as possible, preferably w ithin a period of six (06) w eeks from the date of receipt of a copy of this order. Till such survey is conducted and the demarcation is completed, both the parties are directed to maintain status quo in respect of house bearing No.6- 161