1. Heard Sri Suresh Allika, learned counsel appearing on behalf of the petitioners, learned Assistant Government Pleader for Forests appearing on behalf of the respondent Nos.1 & 3 to 6 and learned Assistant Government Pleader for Revenue appearing on behalf of the respondent Nos.2 & 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 the action of the Respondents more particularly the Respondent Nos. 3 to 6 in seeking to dispossess the petitioners from their agricultural lands to an extent of Ac. 05 68 cents and 1.07 cents situated at Mangya Thanda, Gollapalli Revenue Village, Tekulapalli Mandal,Bhadradri District lands alloted under The Scheduled Tribes and other Traditional Forest Dwellers Recognition of Forest Rights Act, 2006 without issuing any notice and following due process of law, as being illegal, arbitrary, unconstitutional, in violation of principles of natural justice and in violation of Articles 14, 21 and 300-A of constitution of India and consequently direct the respondents not to dispossess/interfere with the rights of the petitioners in respect of the said allotted lands under RoFR Act, 2006..”
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:
The petitioners belong to the Scheduled Tribe community. The petitioners were granted Recognition of Forest Rights (RoFR) pattas in the year 2006 under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, bearing Claim Nos. 221800601020026 and 221800601020068, in respect of agricultural lands admeasuring Ac.5.68 cents and Ac.1.07 cents situated at Mangya Thanda, Gollapalli Revenue Village, Tekulapalli Mandal, Bhadradri District. Since the grant of pattas, petitioners have been in continuous possession and cultivation of the lands, raising agricultural crops and Jamail trees, besides receiving benefits under the Rythu Bandhu Scheme. Following the death of the original allottee in 2022, the second petitioner, who is the wife of the original allottee, succeeded to his rights over the land. On 27.07.2026 and 30.07.2026, officials of Respondent Nos.3 to 6 allegedly visited the subject lands, without issuing any notice, and directed the petitioners to discontinue cultivation, claiming that the subject lands of the petitioners formed part of the forest area. Respondent Authorities also threatened dispossession despite the petitioners producing their RoFR pattas and title documents. Aggrieved by the same, the petitioners had approached this court by filing the present Writ Petition.
4. PERUSED THE RECORD:
The written instructions, dated 03.08.2026 of the Forest Range Officer, Kothagudem, Kothagudem Division is extracted hereunder:-
With reference to the subject cited, it is submitted that during patrolling in Compartment No. 40 of Chatakonda Reserve Forest, Bommanapally Beat, Medlamadugu Section, Kothagudem Range, the Forest Beat Officer and Section Officer observed that an extent of approximately 0.905 acres of forest land was cleared, Bush growth were felled, and the land was leveled.
During the field enquiry, it was ascertained that Sri Vankadoth Ramesh S/o Ramadasu, R/o Mangvathanda Village, Tekulapally Mandal, Bhadradri Kothagudem District has encroached upon the said forest land and committed the offence. He is found to be a habitual offender, repeatedly encroaching into the Reserve Forest area.
The petitioner stated that he holds RoFR title adjacent to the forest land. He further admitted the encroachment and threatened the Beat Officer stating that he would clear the forest land and raise a crop.
In this regard, a case has been registered against him under Section 20(1)(c)(ii)(iii)(iv)(x) of the Telangana Forest Act, 1967 vide POR No. 37/67/2023, Dt:08.07.2026. A full Scale enquiry has been conducted and a charge sheet will be filed before the Hon'ble 1st Additional First Class Magistrate, Kothagudem.
It is further submitted that as per records, Sri Vankadoth Ramesh S/o Ramadasu holds an RoFR Title Deed issued by the PO, ITDA, Bhadrachalam vide Claim No. 221800601020026 for an extent of 5.68 acres.
In view of the above violation of RoFR Act and encroachment into Reserve Forest land, extending the area by the petitioner Sri Vankadoth Ramesh S/o Ramadasu,
DISCUSSION AND CONCLUSION:
5. Learned counsel appearing on behalf of the petitioners mainly puts-forth the following submissions:-
i) The petitioners are landless poor persons and belong to the Schedule Tribe community.
ii) RoFR pattas had been issued to the petitioners in the year 2006 vide claim Nos.221800601020026 and 221800601020068 under the Scheduled Tribes and other Traditional Forest Dwellers(Recognition of Forest rights) Act, 2006 in Gollapalli Village, Tekulapally Mandal, Bhadradri Kothagudem District.
iii) The petitioners had been eking out their livelihood by conducting agricultural activities in the said subject lands without any interruption and also had been receiving Rythu Bandhu Scheme from the Government of Telangana every year.
iv) On 27.07.2028 and 30.07.2026, without issuing any notice, official respondent Nos.3 to 6 came to petitioners’ lands and directed them to stop agricultural activities.
v) The petitioners possess valid RoFR pattas and the respondents had no right to obstruct the agricultural activities and dispossess the petitioners’ of their subject lands without following due process as contemplated under law.
vi) The action of the unofficial respondents is highly illegal, arbitrary and in clear violation of principles of natural justice.
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 by the petitioners in the present writ petition.
6. Learned Assistant Government Pleader for Forests appearing on behalf of the respondent Nos.1 & 3 to 6 placing reliance on the written instructions, dated 03.08.2026 of the Forest Range Officer, Kothagudem, Kothagudem Division, mainly puts-forth the following submissions:-
i) During patrolling in Compartment No.40 of Chatakonda Reserve Forest, Bommanapally Beat, Medlamadugu Setion, Kothagudem Range, the Forest Beat Officer and Section Officer observed that an extent of approximately 0.905 acres of Forest land was cleared and Bush growth were felled, and the land was leveled.
ii) Upon enquiry, it came to light that the Petitioner No.1 encroached upon the subject forest land and for encroaching into the Reserve Forest Area as per the provisions of the Telangana Forest Act, 1967, a case had been registered against the petitioner No.1 under Section 20(1)(c)(ii)(iii)(iv)(x) of the Telangana Forest Act, 1967 vide POR No.37/67/2023, dated 08.07.2026, and a full scale enquiry had been conducted on the subject issue.
iii) On verification of records, it came to light that admittedly, the petitioner No.1 holds an RoFR title Deed issued by the PO, ITDS, Bhadrachalam vide claim No.221800601020026 for an extent of Ac.5.68 cents.
Based on the aforesaid submissions, learned Assistant Government Pleader for Forest appearing on behalf of the respondent Nos.1 & 3 to 6 contends that the petitioners are not entitled for the relief as prayed for by the petitioners and appropriate orders may be passed.
7. Sections 4(5) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 clearly provides that, no member of a forest dwelling Scheduled Tribe or other traditional forest dweller shall be evicted or removed from forest land under his occupation till the recognition and verification procedure is complete and also Section 4(2) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 provides for provisions pertaining to resettlement of Forest Rights holders subject to satisfying certain conditions outlined in Section 4(2) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
This Court opines that the petitioner is entitled for the relief as prayed for by the petitioner in the present writ petition.
8. Taking into consideration:-
(a) The aforesaid facts and circumstances of the case,
(b) The submissions made by the learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the respondent Nos.1 & 3 to 6
(c) Sections 4(5) and Section 4(2) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006
(d) The contents of the written instructions, dated 03.08.2026 of the Forest Range Officer, Kothagudem, Kothagudem Division (referred to and extracted above)
This Court opines that in view of the fact that RoFR title deed had been issued by the PO, ITDS, Bhadrachalam vide claim No.221800601020026 for an extent of Ac.5.68 cents in favour of the petitioners herein, which clearly admitted the title and possession of the petitioner No.1 to an extent of Ac.5.68 cents situated at Mangya Thanda, Gollapalli Revenue Village, Tekulapalli Mandal, Bhadradri District allotted to the petitioner No.1 herein under Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and in view of the clear admission of the said fact even by the learned Assistant Government Pleader for Forests appearing on behalf of the respondent Nos.1 to 3 & 6, on the basis of the written instructions brought on record before this Court, this Court opines that petitioners are entitled for grant of relief
(e) The discussion and conclusion as arrived at para Nos.5 to 8 of the present order.
The Writ Petition is disposed of directing the respondents not to interfere and dispossess the petitioners’ in respect of the allotted lands as per RoFR pattas issued to the petitioners in the year 2006 vide claim Nos.221800601020026 and 221800601020068 for an extent of Ac.5.68 cents and 1.07 cents situated at Mangya Thanda, Gollapalli Revenue Village, Tekulapalli Mandal, Bhadradri District without following due process of law. It is however observed that under the guise of the present order, the petitioners are directed not to encroach in to the Reserve Forest Lands, and in the event, the petitioners encroach into the Reserve Forest Lands, the respondents are at liberty to proceed against the petitioners in accordance to law as per the provisions of the Telangana Forest Act, 1967, Wild Life (Protection) Act, 1972, and also Forest Conservation Act, 1980. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
