THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.24581 of 2014 Between:
Syed Najeeb Ali And Dated 08th October, 2014 …Petitioner Government of Telangana, rep.by its Principal Secretary, Forest Department, Secretariat, Hyderabad and others …Respondents Counsel for the petitioner: Sri Mohd.Moin Ahmed Quadri Counsel for the respondents: GP for Forests (TG) The Court made the following:
ORDER:
This writ petition is filed with the grievance that the respondents have been interfering with the petitioner’s possession of his private land, which is situated adjacent to the reserve forest of Sarangapur, Seripur, Arsapally and Nizamabad Villages.
In the counter affidavit filed by respondent No.3, it is inter alia stated that following the joint survey held on 30.01.2012, the Forest and Revenue officials have demarcated the survey numbers on ground and that the Forest Department has also constructed boundary pillars as per the Gazette Notification. It is further stated that while the respondents have never interfered with the petitioner’s peaceful possession of his private land, taking advantage of the joint survey, the petitioner is deliberately encroaching upon the forest land adjacent to his land admeasuring Acs.22.15¼ guntas situated in various survey numbers of Seripur Village, Nizamabad Mandal and District.
Sri Mohd.Moin Ahmed Quadri, learned counsel for the petitioner, submitted that as the respondents have held out in the counter affidavit that they are not interfering with the petitioner’s land admeasuring Acs.22.15¼ guntas, the writ petitions may be closed.
Having regard to the averments contained in the counter affidavit referred to above, the writ petition is closed. If in future, the respondents interfere with the petitioner’s possession of his patta land, he shall be entitled to avail common law remedy of a civil suit. Conversely, if the petitioner seeks to encroach upon the forest land, the respondents shall be free to initiate appropriate action under the extant statutes.
As a sequel to disposal of the writ petition, interim order, dated 27.08.2014, as extended on 10.09.2014, shall stand vacated and W.P.M.P.No.30793 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 08th October, 2014
VGB