RATHOD SUREKHA BAI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) In both these writ petitions the petitioners are seeking a writ of mandamus to declare the action of the respondents No.2 and 3 in restraining the petitioners from removing bamboos which have been raised naturally in their lands under forest title deed Nos.1928010458 and 1928010354 respectively situated at Karanjiwada, Karanjiwada Village, Kerameri Mandal and Division, Asifabad District and consequently to direct the respondents to consider the representation of the petitioners dtd. 8/2/2022 and pass such order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case.

(2.) Brief facts leading to the filing of the present writ petitions are that the petitioners in both the writ petitions have been issued title deeds in respect of agricultural land admeasuring Acs.8.585 gts and Ac.8.209gts under forest office title deed Nos.1928010458 and 1928010354 respectively, situated at Karanjiwada, Karanjiwada Village, Kerameri Mandal and Division, Asifabad District and the petitioners have been put in physical possession of the same for more than ten years. The petitioners submit that they belong to Schedule Tribe and therefore, the Government has assigned these lands to them to raise crops by cultivating the lands for their survival. It is submitted that petitioners are raising the seasonal crops in the agricultural land depending upon the availability of water and that they never planted bamboo sticks in the land assigned to them for carrying out agricultural activities. It is submitted that on 9/2/2022, the petitioners wanted to remove unplanted and unwanted bamboo sticks from their fields, but the forest officials obstructed the same. Thereafter, on the advice of the elders, the petitioners made representations to the respondents No.2 and 3 narrating all these facts and requested them not to interfere with their removal of bamboo sticks, but in spite of more than 1 1/2 month, the respondents failed to respond to the grievance/representations of the petitioner. Therefore, the present writ petitions are filed.

(3.) It is submitted that unless the petitioners are permitted to remove the bamboo sticks from their land granted under patta certificate, they will not be able to cultivate their lands and raising better crops by using entire land.