HON’BLE SRI JUSTICE V.ESWARAIAH W.P.NO.25940 OF 2001 Dt.12.8.2010 Between: D.Narasimhulu ..Petitioner And District Collector, Ranga Reddy District and Others. ..Respondents HON’BLE SRI JUSTICE V.ESWARAIAH W.P.NO.25940 OF 2001 ORDER: This writ petition is filed seeking writ of mandamus to declare the action of the respondents in interfering with the petitioner’s land to an extent of Ac.18.31 guntas in Sy.No.20 situated at Kistapur Village, Doma Mandal, Ranga Reddy District, as illegal and arbitrary and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the lands without following the due process of law. It is the case of the petitioner that the Tahsildar, Pargi assigned land to an extent of Ac.5.00 in Sy.No.20 of Kistapur village in favour of his father Balaiah s/o.Basappa on condition that the said land is not alienable and the said land shall be brought under cultivation within three years vide proceedings No.A4/4607/60, dated 3.1.1961. It is stated that the father of the petitioner purchased the adjacent land to an extent of 13.31 guntas in the year 1966 and the father of the petitioner constructed kunta in the said land in the year 1973 to irrigate the said lands. After the death of his father in 1984, the petitioner has been cultivating the said land continuously without any interruption. It is stated that the petitioner made applications before the District Collector, Ranga Reddy District on 17.9.2001 and also before the Divisional Forest Officer, Hyderabad on 18.9.2001 requesting for stopping plantation work in the said land as the Forest Department was proceeding with the plantation. On the said representation, the Divisional Forest Officer, Hyderabad, instructed the Forest Range Officer, Pargi vide proceedings dated 22.9.2001 to inspect the area in question and submit a report. But no action has been taken. In the meanwhile, the Forest Range Officer, Pargi started interfering with the said land, which was assigned in favour of the father of the petitioner in the year 1961, and the adjacent land was also purchased in 1966. Therefore, petitioner seeks to issue writ of mandamus against the respondents in interfering with his peaceful possession and enjoyment of the land to an extent of Ac.18.31 guntas in Sy.No.20 situated at Kistapur Village, doma Mandal, Ranga Reddy District. Counter affidavit has been filed by respondents 2 and 3 wherein it is stated that the land bearing Sy.No.20 of Kistapur Village has been notified as Reserve Forest vide Hyderabad Government Gazette No.528, dated 14.9.1954 under Section 19 of the Hyderabad Forest Act. The land in question is situated in the middle of Rangampally Reserve Forest and the question of granting any assignment by the revenue authorities does not arise. In fact, the Mandal Revenue Officer, Doma Mandal, vide letter No.D/273/2001, dated 2.2.2002, addressed a letter to the Forest Range Officer, Pargi, stating that the petitioner is not in possession of the land bearing Sy.No.20 and the said land is under reserve forest and control of the Forest Department. Thus, it is stated that neither the petitioner nor his father purchased any adjacent land and they were not in possession of the said land and the land in question is a part of the notified reserve forest since 1954 and no one can acquire any right whatsoever on the reserve forest land. The alleged proceedings of assignment in favour of the father of the petitioner are illegal and unauthorized and the same cannot be acted upon. As there is a serious dispute over the said land by the Forest Department stating that the land in question has been notified as reserve forest vide Hyderabad Government Gazette No.528, dated 14.9.1954, under Section 19 of the Hyderabad Forest Act, I am of the opinion that the said disputed questions of fact cannot be decided in the writ petition. The petitioner has not questioned the aforesaid notification notifying the said land as Reserve Forest. The petitioner also has not filed any reply with regard to the letter addressed by the Mandal Revenue Officer, Doma Mandal, to the Forest Range Officer, Pargi, in Lr.No.B/273/2001, dated 2.2.2002, stating that as per Pahani records for the year 1971 onwards neither the petitioner nor his father is in possession of the said land and the said land is under Reserve Forest and the Forest Department planted Neelagiri trees. In view of the aforesaid facts and circumstances of the case, I am of the opinion that the disputed questions of fact cannot be decided in the writ petition. The writ petition is without any merit and the same is accordingly dismissed. No order as to costs. _________________ V.ESWARAIAH, J. 12.8.2010 kpr