The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.32265 of 2014 Dated 28.10.2014 Between:
R.Srinivasa Rao and another And State of Telangana Rep. by its Prl.Secretary, Forest dept., Hyderabad and 4 others …Petitioner …Respondents Counsel for the petitioner: Mr.K.S.Murthy Counsel for respondent Nos.1 to 3: GP for Forests (TG) The Court made the following:
Order:
This Writ Petition is filed with the grievance that in the guise of demarcating the boundary of forest land, respondent No.3 and his subordinate staff have been trying to encroach upon a part of the petitioners’ lands admeasuring 12 acres and 10 acres respectively in Survey No.397/AA with several subdivisions of Lakshmipuram Village, Mamunuru Revenue Village, Yerrapalem Mandalam, Khammam District.
The learned Government Pleader for Forests (TG) representing respondent Nos.1 to 3 submitted that in pursuance of the directions issued by respondent No.1 to identify the forest land and protect the same by fixing boundaries and pillars, respondent No.3 and his subordinate staff have started the exercise of demarcation of the forest land.
In my opinion, when the private land is adjoining the forest land, it is incumbent upon the forest department to issue notice to the neighbouring land owners, demarcate and fix the boundaries of the forest land in their presence to avoid future disputes. Therefore, respondent No.3 is directed to issue notice to the petitioners and commence the work of demarcation of boundaries of the forest land in their presence. If the petitioners feel aggrieved by the demarcation made by respondent No.3 and his subordinate staff, they shall be free to avail appropriate remedy according to law.
Subject to the above direction, the Writ Petition is disposed of.
As a sequel, WPMP.No.40328 of 2014, filed by the petitioners for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 28th October, 2014
LUR