State authorities must process claims for forest rights under the Forest Rights Act, 2006, in accordance with natural justice and provide a hearing to applicants before taking coercive action toward dispossession.

ORDER

Heard Sri T.Vasantha Rao, learned counsel appearing on behalf of the petitioners, the learned Assistant Government Pleader for Forest, appearing on behalf of respondent Nos.1 to 5, and the learned Assistant Government Pleader for Social Welfare appearing on behalf of respondent No.6.

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 the action of the respondents in trying to dispossess the petitioners from respective extent of lands Situated in compartment No. 287 of Panduvarigudem Village, Mallaigudam Gram Panchayat, Aswaraopet Mandal, Bhadradri Kothagudem District and also not considering the rights of the petitioners over the above stated land pursuant to the application Dt. 16.11.2021 as illegal, arbitrary and in violative of principles of Natural Justice and also violative of the provisions of the Forest Rights Act, 2006 apart from being violative of Articles 14 and 21 of Constitution of India and consequently direct the respondents not to dispossess the petitioners from - respective extent of lands situated in compartment No.287 of Panduvarigudem Village, Mallaigudam Gram Panchayat, Aswaraopet Mandal, Bhadradri Kothagudem District without following due process of law and also further direct to grant the Right of recognition to the petitioners for their respective extents of the Forest land situated at compartment No. 287 of Panduvarigudem Village, Mallaigudam Gram Panchayat, Aswaraopet Mandal, Bhadradri Kothagudem District pursuant to the applications Dt. 16.11.2021 and to pass.....”

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 belong to Scheduled Tribe communities and have been residing at Panduvarigudem Village, Mallaigudem Gram Panchayat, Aswaraopet Mandal, Bhadradri Kothagudem District. The petitioners have been cultivating small extents of forest land situated in Compartment No. 287 of Panduvarigudem Village, Mallaigudam Gram Panchayat, Aswaraopet Mandal, Bhadradri Kothagudem District.

3.2 The petitioners submitted applications on 16.11.2021 to the respondent No.6 under the Forest Rights Act, 2006 seeking recognition of the petitioners’ rights and grant of pattas, however, the respondents had not taken any action on the said applications till date.

3.3 While the claims are still pending, the forest officials have recently started interfering with the petitioners’ peaceful possession and are attempting to dispossess the petitioners without issuing any notice or following due process of law. The petitioners also submitted representations dated 18.03.2024 and 13.04.2026 requesting consideration of their claims, but no action had been taken. 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, brings on record the written instructions vide Rc.No.23/2026/Aspt, dated 06.05.2026 and contends that the petitioners at Sl. Nos. 26, 45, 57, 65, 85, 86, and 87 belong to the BC community, and the petitioners at Sl. Nos. 11, 44, 66, 67, 72, 74, 76, 77, and 78 belong to the OC community and hence, all the petitioners are not entitled to the relief as prayed for in the present writ petition, but however the application of the petitioner may be directed to be considered by the 6th respondent, in accordance to law and appropriate orders passed within a reasonable period.

5. Learned