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 5, learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.6, 8 and 9 and the learned Assistant Government Pleader for Social Welfare appearing on behalf of the respondent No.7.

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 action of respondents in interfering with peteitioners peaceful possessing and enjoyment of un-surveyed agricultural lands situated in Sy. No. No. 997 having an extent of Ac. 40-00 Gts. situated in Seetharampuram Village, Nellipaka Revenue Village, Aswapuram Mandal, Bhadradri-Kothagudem District in-spite of pendency of petitioners claims for grant of Patta under The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 as illegal and arbitrary and also 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 not to interfere with petitioners peaceful possession and enjoyment of un-surveyed agricultural lands situated in Sy. No. No. 997 having an extent of Ac. 40-00 Gts. situated in Seetharampuram Village, Nellipaka Revenue Village, Aswapuram 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 belong to the Koya Scheduled Tribe community and have been residing for generations in the forest area of Seetharampuram Village, Nellipaka Revenue Village, Aswapuram Mandal, Bhadradri-Kothagudem District, cultivating the land admeasuring Ac.40.00 guntas in Sy.No.997 of the said village for their livelihood.

ii) The petitioners submitted applications seeking grant of Forest Rights/Podu Pattas, which are still pending consideration before the competent authorities.

iii) While so, the respondents allegedly sought to utilize a portion of the said land for construction of a Jawahar Navodaya Vidyalaya and, without issuing notice, deciding the petitioners’ claims, obtaining consent of the Gram Sabha/Panchayat, or paying compensation, entered upon the land with machinery and commenced developmental activities. Aggrieved by the same, the petitioners approached this Court by filing the present writ petition.

DISCUSSION AND CONCLUSION:

4. Learned counsel appearing on behalf of the petitioners mainly puts forth the following submissions:

4.1 The respondents are making efforts to forcefully evict the petitioners from their agricultural lands in Sy. No. 997, to an extent of nearly Ac. 40.00 guntas, situated at Seetharampuram Village, Nellipaka Revenue Village, Aswapuram Mandal, Bhadradri-Kothagudem District.

4.2 The petitioners have made applications for grant of individual patta certificates in accordance with the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.

4.3 The petitioners belong to the Koya community, which is a notified Scheduled Tribe, except petitioner Nos. 15, 16, 20, and 24. The petitioners have been in possession of the subject lands since time immemorial.

4.4 The petitioners are traditional forest dwellers, and they have filed claims under the Forest Rights Act, 2006 (ROFR Act). The said claims have been pending for a considerable period, and meanwhile, the respondents have been interfering with the petitioners’ peaceful possession of the subject land.

Based on the aforesaid submissions, learned counsel appearing on behalf of the petitioners contends that the petitioners are entitled to the relief as prayed for