IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO.28203 of 2008 Between: 1 Hatkari Nagamma W/o.Hatkari Anjaiah, R/o.Didigi Village, Zaheerabad Mandal, Medak District. 2 Hatkari Tuljamma W/o.Hatkari Narsimhulu, R/o.Didigi Village, Zaheerabad Mandal, Medak District. 3 Bayagari Thippamma W/o.B.Thukkaya, R/o.Didigi Village, Zaheerabad Mandal, Medak District. 4 Kaledam Narsamma W/o.Kaledam Balaiah, R/o.Didigi Village, Zaheerabad Mandal, Medak District. 5 Kaledam Eshwaramma W/o.Kaledam Ashappa, R/o.Didigi Village, Zaheerabad Mandal, Medak District. 6 Golla Beeramma W/o.Golla Gundappa, R/o.Didigi Village, Zaheerabad Mandal, Medak District. 7 Golla Mallamma W/o.Golla Nagappa, R/o.Didigi Village, Zaheerabad Mandal, Medak District. 8 Sangeetham Savitramma W/o.S.Manaiah, R/o.Didigi Village, Zaheerabad Mandal, Medak District. 9 Sangeetham Rekhamma D/o.S.Manaiah, R/o.Didigi Village, Zaheerabad Mandal, Medak District. 10 Sangeetham Mallamma W/o.S.Yellappa, R/o.Didigi Village, Zaheerabad Mandal, Medak District. 11 Khaleel Khajabee W/o.Khaleel Abdul Ghani, R/o.Didigi Village, Zaheerabad Mandal, Medak District. 12 S.Shanthabai W/o.S.Dhasharath, R/o.Didigi Village, Zaheerabad Mandal, Medak District. 13 M.Bharathi Bai W/o.M.Rajashekar, R/o.Didigi Village, Zaheerabad Mandal, Medak District. 14 Yerupula Ramulamma W/o.A.Maruthi, R/o.Didigi Village, Zaheerabad Mandal, Medak District. 15 Mamidi Suvarna W/o.Mamidi Chukkaiah, R/o.Didigi Village, Zaheerabad Mandal, Medak District. 16 Mamidi Rukamma W/o.Mamidi Vishwanadham, R/o.Didigi Village, Zaheerabad Mandal, Medak District. 17 S.Vijayalakshmi W/o.S.Venkataswamy, R/o.Didigi Village, Zaheerabad Mandal, Medak District. 18 D.Vijaya W/o.D.Swamy, R/o.Didigi Village, Zaheerabad Mandal, Medak District. 19 M.D.Saleema W/o.M.D.Sattar Miya, R/o.Didigi Village, Zaheerabad Mandal, Medak District. 20 M.D.Abeda Begum W/o.Md. Aziz, R/o.Didigi Village, Zaheerabad Mandal, Medak District. 21 Dara Narmada W/o.Dara Jangaiah, R/o.Didigi Village, Zaheerabad Mandal, Medak District. 22 Habeeb Begum W/o.M.D. Saber, R/o.Didigi Village, Zaheerabad Mandal, Medak District. 23 Dasa Malleshwari W/o.Santhosh Kumar, R/o.Didigi Village, Zaheerabad Mandal, Medak District. 24 A.Lakshmi W/o.Gali Reddy, R/o.Didigi Village, Zaheerabad Mandal, Medak District. 25 G.Anitha W/o.Madhava Reddy, R/o.Didigi Village, Zaheerabad Mandal, Medak District. ...PETITIONERS AND 1 The Divisional Forest Officer, Sanga Reddy, Medak District. 2 The Sub-Divisional Forest Officer, Zaheerabad, Medak District. 3 The Forest Range Officer, Zaheerabad, Medak District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of the respondents in interfering with the Government land to an extent of 2.00 acres to 3.00 acres each of the petitioners in Sy.No.44 situated at Didigi Village, Zaheerabad Mandal, Medak District is highly arbitrary, bad and illegal and pass such other order or orders as deem fit and proper. Counsel for the Petitioner: MR.P.PRABHAKAR REDDY Counsel for the Respondents: GP FOR FORESTS The Court made the following: THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO.28203 of 2008 ORDER: According to the petitioners, they are all landless poor persons eking out their livelihood by attending to coolie work. There is a vast extent of Government land situated in Survey No.44 of Didigi Village of Zaheerabad Mandal and because of poverty, they gave representations to the Mandal Revenue Officer as long back as in the year 1982 requesting him to assign a part of land in the said survey number, so that they can eke out their livelihood by attending to agricultural operations. Though the petitioners were not granted any pattas or assignments, however, they were permitted to cultivate the said land at the rate of Acs.2 or Acs.3 each. Accordingly, they occupied the said land and are eking out their livelihood by attending to agricultural operations. On coming to know that the petitioners have encroached into the Government land, the Forest Officials interfered with the petitioners’ peaceful possession and though they pleaded with them stating that it is only on the basis of the oral permission given by the Revenue authorities, they occupied the Government land but the Forest Officials are not heeding to their request and hence, they approached this Court and filed the present Writ Petition. Having heard the learned counsel for the petitioners, this Court is of the view to dispose of the Writ Petition at the stage of admission. When once it is stated by the petitioners that they are in occupation and possession of the land in question since 1982 and the same is within the knowledge of the Mandal Revenue Officer and the Revenue Divisional Officer, in my considered view, even if the said land belongs to the Forest Department, the said Department is not expected to interfere with the petitioners’ peaceful possession without following due process under law. Accordingly, the Writ Petition is disposed of with a direction to the respondents herein not to interfere with the peaceful possession of the petitioners’ land without following due process under law. _________________________ (GOPALA KRISHNA TAMADA, J) 26th December 2008 Note: CC in three days B/O RRB