THE HON’BLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.8451 OF 2017

ORDER

This Writ Petition is filed with the following relief:

“To issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus to direct the respondents not to interfere with the enjoyment and possession of our land situated at Settipalli village Gundala Mandal Khammam District set out in the schedule over which we are in possession and enjoyment from our forefathers as forest dwellers duly hailing from Scheduled Tribe community by declaring the action of the respondents in interfering with the lawful rights of cultivation over the lands specified in the Schedule on 24.09.2016 as illegal, arbitrary, unjust apart from violative of principles of natural justice and contrary to the mandatory provisions of The Scheduled Tribes and Other Traditional Forest Dwellers Recognition of Forest Rights Act 2006.”

2. Learned Counsel for the petitioner submits that the present writ petition has been filed seeking a direction restraining the respondents from interfering with the petitioners’ possession and enjoyment of the lands described in the Schedule dated 24.09.2016, situated at Settipally Village, Gundala Mandal, Khammam District.

3. Learned Assistant Government Pleader, on the other hand, contends that during the pendency of the writ petition, the Government issued Records of Forest Rights (RoFR) certificates in favor of the petitioners, thereby formally recognizing their rights over the lands in their possession, as detailed in Annexure-I. It is further submitted that the respondents are not interfering with the lands so certified in the petitioners’ favor, and therefore, the grievance of the petitioners does not survive for consideration.

4. I have carefully perused the materials available on record.

5. The contention of the petitioners, however, is that they were in continuous possession and enjoyment of the lands described below:

Sl. No. Name of the petitioner Extent of land over which petitioner is in possession

1. Vattam Ramaish AC.6.00 2. Vattam Dasu Ac.5.30 3. Kalthi Muthyalu Ac.5.00 4. Kalthi Prasad Ac.4.00 5. Vattam Saraiah Ac.5.00 6. Kunja Swami Ac.6.00 7. Mokalla Srinu Ac.3.00 11. Vattam Sammaiay Ac.5.00 12. Irpu Borraiah Ac.3.00 13. Kalthi Bhadramma Ac.4.00

6. In the written instructions, the Learned Assistant Government Pleader has stated that Records of Forest Rights (RoFR) certificates have been issued under the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (“RoFR Act, 2006”), as detailed hereunder:

ANNEXURE – I

7. In view of the submissions made and in light of the issuance of RoFR certificates in the year 2023, covering the lands specified in Annexure-I, and the categorical assertion of the respondents that there is no interference with respect to the said extent of land, this Court finds that the grievance projected by the petitioners stands substantially redressed. Nevertheless, it is clarified that, insofar as any residual disputes or claims may arise between the petitioners and the respondent authorities concerning the subject lands covered by the certificates, it shall remain open to either party to seek recourse to such remedies as are legally available to them under law.

8. Accordingly, the writ petition stands disposed of in the above terms, with no order as to costs.

Miscellaneous petitions, if any, pending in the Writ Petition, shall stand closed.

______________ N.TUKARAMJI, J Date: 04.09.2025

MRKR