The state must adhere to the due process of law and the principles of natural justice when seeking to cancel assignment pattas or interfere with land possession, regardless of whether the land is claimed to be reserve forest.

:: ORDER ::

Heard Sri Alluri Divakar Reddy, learned counsel appearing on behalf of the petitioner; Sri T.Nitender Singh, learned Assistant Government Pleader for Forest Department appearing on behalf of respondent Nos.1, 2, 4 and 5.

2. The petitioner approached the Court seeking prayer as under:

“…to pass an orders, or issue any directions or issue any appropriate writ more particularly in the nature of Writ of Mandamus declaring the action of respondents, more particularly respondent Nos.4 and 5 in interfering into the peaceful possession and enjoyment of petitioner’s private patta land admeasuring Ac.1.20 Guntas in Survey No.107/A4 and Ac.2.00 Guntas in Survey No.113/11 in total an extent of Ac.3.20 situated at Tarlapad village, Khanapur Mandal, Nirmal District without following the due process of Law as being illegal, arbitrary and violative of 300-A of the Constitution of India, consequently direct respondent Nos.4 and 5 not to interfere with the peaceful possession and enjoyment of petitioner’s private patta land admeasuring Ac.1.20 Guntas in Survey No.107/A4 and Ac.2.00 Guntas in Survey No.113/11 in total an extent of Ac.3.20 situated at Tarlapad village, Khanapur Mandal, Nirmal District and to pass...”

3. The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present w rit petition is as under:

i) The petitioner is the owner and is in peaceful possession and enjoyment of the petitioner’s private patta land admeasuring Ac.1.20 Guntas in Survey No.107/A4 and Ac.2.00 Guntas in Survey No.113/11 totaling an extent of Ac.3.20 situated at Tarlapad village, Khanapur Mandal, Nirmal District.

(ii) Meanwhile, on 26.11.2025, respondent Nos.4 and 5 have visited the petitioner’s land, and stopped digging work without issuing any notice to the petitioner or following due process of law.

(iii) The highhanded actions of respondent Nos.4 and 5 in stopping the digging of the well in petitioner’s land and further interfering with the peaceful possession and enjoyment of the petitioner’s private patta land without following due process of law, without any Authority is highly illegal and arbitrary. Aggrieved by the same, the petitioner had approached this Court by filing the present writ petition.

PERUSED THE RECORD :-

4. The relevant portion of the counter affidavit filed by respondent No.4,in particular paragraph No.9, is extracted hereunder : -

“The petitioner with an ill-intention has concealed the facts before the Hon’ble Court with a strategy to seek injunction orders from the Hon’ble Court and immediately encroach the subject land by developing the subject land over night by using heavy earth moving machinery and thereby claim that the subject land is in his possession since many years. In fact, the petitioner has conspired and misused the Interim Orders I.A.No.01 of 2025, dated 08.12.2025, issued by the Hon’ble Court, brought heavy earth moving machinery to the subject land (Reserve Forest Sathannapally land) and attempted to develop the land, but the same was timely brought to the notice of the Hon’ble Court by the respondent Nos.2, 3 and 4 and the Hon’ble Court was pleased to issue suitable Order dated 17.12.2025 with directions to maintain “Status-quo” by the petitioner.

It is submitted that, the invalidity of the documents furnished by the petitioner, thereby claiming that the land Assigned to him by the Revenue Department as Sy.No.113, Tharlapahad (