The state authority must adjudicate pending applications for forest rights under the 2006 Act before initiating eviction or penal proceedings against forest dwellers for alleged unauthorized occupation.

ORDER

Heard Sri R.R. Kalyan, learned counsel appearing on behalf of the petitioners, the learned Assistant Government Pleader for Forest, appearing on behalf of respondent Nos.1 to 4, learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.5 to 7 and the learned Assistant Government Pleader for Social Welfare appearing on behalf of the respondent No.9.

2. The petitioners approached the Court seeking prayer as under: “…to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring inaction of respondents in considering petitioners application dated 25-02-2026 for grant of Podu Patta with regard un-surveyed lands situated in Compartment No.218, Krishna Sagar Beat, Aswapuram Range, Burgampadu Mandal, Bhadradri Kothagudem Districtand interfering with petitioners peaceful possession of said lands as illegal and arbitrary and against to provisions of The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and Art. 300A of the Constitution of India, 1950 and consequently direct the respondents to consider petitioners application dated 25-02-2026 expeditiously and also not to interfere with petitioners peaceful possession and enjoyment of un-surveyed lands situated in Compartment No. 218, Krishna Sagar Beat, Aswapuram Range, Burgampadu Mandal, Bhadradri-Kothagudem District and to pass such other order or orders in the interest of justice.”

3. The case of the petitioners in brief as per the averments made in the affidavit filed by the petitioners in support of the present Writ Petition is as under:-

3.1 The petitioners, who belong to the Koya community (a notified Scheduled Tribe), have been residing for decades in the reserve forest area of Krishna Sagar Block, Palavagu, Aswapuram Range, Burgampadu Mandal, Bhadradri Kothagudem District, eking out their livelihood by cultivating small extents of un-surveyed forest land situated in Compartment No. 218 and by collecting minor forest produce.

3.2 Being eligible under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, the petitioners submitted a collective representation dated 25.02.2026 seeking grant of Podu Pattas and recognition of their rights, however, no action had been taken by the respondents.

3.3 Later, the Forest Range Officer, Aswaraopet issued a notice dated 22.03.2026 to the petitioners herein, under Section 20(3) of the Telangana Forest Act, 1967, calling upon the petitioners to submit their explanation to the said notice, proposing to initiate action against the petitioners for alleged occupation of forest land. Aggrieved by the same, the petitioners approached this Court by filing the present writ petition.

DISCUSSION AND CONCLUSION:

4. The learned Assistant Government Pleader for Forest appearing on behalf of the respondent Nos.1 to 4, on instructions, submits that, admittedly, no orders had been passed on the petitioners’ application dated 25.02.2026, and the same is pending consideration before the competent authority, i.e., respondent No. 8. However, without awaiting the decision of respondent No. 8, respondent No. 4 issued the notice dated 22.03.2026. In response, the petitioner may be directed to submit petitioners explanation to respondent No. 4, and action pursuant to the said notice dated 22.03.2026 however will be initiated only after respondent No. 8 passes appropriate orders in accordance to law on the application dated 25.02.2026 submitted by the petitioner.

5. Learned counsel appearing on behalf of the petitioners does not dispute the said submission made by the l