\ .32521

lN THE HIGH couRT

FoRDTHE

ST{EofJELANGANA

lSPecial

Original

Jurisdicttonl

rHU RSDAY'

rHE

s,5sll,l!\i?'?il

sl'

u'"

THE HONOURABLE

MRS JUSTICE

SUREPALLI

NANDA

PRESENT

ONNO

'.23742OF2026

w

PETtTIITR

Between:

'il#i:il*?,T,,,?,fi'",m,s:+ti[{}*t*i;f''il"l"'lltll'''fi

;31.

, in,,nn,,, *ryli; H r,:g#t *::"i', f,t 3',?#ll'tj1x{'i;?''

(Koya). 19

cl]Tl''p"ou

vrrrqvvr - v

, .\^.- anricurture,sT

iollzz, Telangana

j Sri Jakkura Kotayya, sio sansavva'

og^":iu*tXTli

?i:J.gjH''8,!i''"'

"

iK:r')

'H;

chimalapadu

villase'

sinsarenr

Telangana'

4 Sri Jakkura sansawa,

S/o rirupavva'

t9::-it^r:::::, ?il-fl%li''H[i;Ll

"

iK;;;;:

Fll" *'imliapaou

Village' singaren

Telangana'

5. smt. Jakkura

B-had ramma' wlg v:-"-'::Y'Trlur$?"-

t'i:t'l;:ttil'3f;i

" i.ri"rriri",5r (Kova) Fi/o chimalapaou

kir.tnr.

District' Telangana

4g

years, Occ- Agriculture

ST

' #rf,::f

-Yj'3T,H J/J,"r*'f ii'13:' ;"#;l ril"o'r:Khammam

, 3lil",l;]11'3::1,,

w/o Venkanna;,,,191-

ou Years' occ- Agricurture'Sr

(Yerukula), nyo plih'" rt'l'inaram vittage' Singareni Mandal' Khammam

r 3::H,l"JiI:5,"

Valu, aged 46 vears'-occ

- Asricurture cum rabour R/o

H. No. 1 56/3, t"'"il!"d"*r." J'"'Glng'iuni

lr/landal' Khammam District'

"...PETITIONERS

AND

1. State of Teiangana.

, l,:::T":i.lji[[;,Xfiro!L[:o.ou.,ar

chier secretary,

rribar

werrare

. :;."*j:i'ril?iii;f"t

bv its principar

secretary,

Forest

Department

v.

'

r,u rrJnCtpal

Chief Consa^,.+^. ^, r

. fl :"

,3 jf*i .*::T,

:

ill;J# T:,:,9",:..::

I he Fo re s t D ep a.m e n t,,

. XIrL1;l"ilrr;:ilffiil.,o'"''"t'

rntesrated

comprex,

wyra

Road,

" l: '"

rrolect

Ofl icer

trnadrachalam.

lntegrated

Tribal

Devel

6. The District Forest ofricer _^";,::- ,-:'

uevelopment

Asencv (rrDA),

z rne roresi il;:' ;;:"."1'

Bhadrad rr-Kothasudem

Disrrict.

e rhe neve-;u;H;"r,":.FRo

- Sinsareni,

Khammam

Districr.

s. rhe roresi;;;;"&::ricer,

Khammam

District.

district.

- -' -' '-er' Patimedagumpu,

singareni

Mandal. Khammam

10.The Tahsildar,

Singarenj

Mandal. Khammam

district.,,

;3:,:ffiil?:Hl?1ilffiffi",; ;il

"l

ll"j,,ij,u,,.u,uo

comp,ex, wyra

.....RESPONDENTS

Petition Under Articre 226 0f the constitution of rndia praying that in the

r;ircumstances

stated in ther affidavit fired therewith, the High court may be preased

t3 issue an appropriate '/r/rit, order or Direction, more pa(icularly a writ of

l\4andamus, decrarinq the action of the Respondents No. 2, 3, s,6 and B in

interfering with the petitio.ers'

peacefur possession, enjoyment and curtivation of

their respective forest Iands, despite issuance of rndividuar Fcrest Rights pattas,

Pattadar Passbooks of the r;onpetent authority and arso recomrnendations

made by

the Project officer, rrDA, Bhadrachaiam, is as ilegar, arbitrary, unconstitutiona r and

violative of the provisions cf the schedured rribes and other Traditionar Forest

Dwellers (Recognition of Fo'est Rights) Act, 2006 and arso against the principres of

natural justice and arso Articres i4, 21 and 3o0A of the constitution of rndia, and

c.nsequenfly direct the Respondents No. 2, 3, 5, 6 and g

not to interfere with the

P,:titioners' peaceful posse,ssion, enjoyment and cultivation, development of the

sub.iect lands and also allow the Petitioners to develop the land by wav of digging of

b,rre wells, permit them to have a new electricity connection in the interest of justice'

l.A.NO:OF026

,|

2

that in the circumstances

stated in

PetitionUnder Section 151 CPC Praying

the affidavit

fil

the ResPonde

ed in suPPort

of the Petition'

the H

nts No.2, 3, 5,6& B to allow them

igh Court may be Pleased

to direct

to dig

ve land for cultivation

of the th

the bore well and have new

err

electricity

connection into the Petitioners

respecti

mpetent

authority

in the interest of

lands as Per

Pattadar Passbook

issued

bY the co

':::""";", for the Petitioner

: SRI JoGRAM rEJAvAr

Counsel for the Respono""i*"t't '

5 & 11 : AGP FOR SOCIAL

WELFARE

Gounsel for the Respondent

Nos'2' 3' 6' 7 & 9 : GP FOR FORESTS

Counsel for the Respondent

Nos'4' 8 & 10 : GP FOR REVENUE

The Gourt made the following

ORDER

IN THE HIGH COURT

FC

^,

,iIrlXffISrE

oF TELANGANA

HON'BI-E

MRS. JUSTICE

SUREPALLI

NANDA

WRITPETITI o2342oF26

T23.oo26

Between

:

Mekala V,-.erababu

& 7 others

ORDER

Heard

appea ring

Assista nt

AND

The State of Tela nqa na _

Iep.

by its; Special Chier

illill:ry,

rribal werfare Department,

5ecretariar.,

Hyderabad

and

r.u others

Sri Jogram Tejavath, learned

on behalf of the petitioners,

Government pleader

for Social

Petitioners

Respondents

cou nsel

learned

Welfare,

appearing on behalf of respondent

Nos.1, 5 and 11,

learned Assistant Government pleader

for Revenue,

appearing on behalf of respondent Nos,4, g and 10

and learned Assistant Government pleader for

2

sN,l

W.P No'23742

of 2026

Forests,

appearing

on behalf of respondent

Nos'2' 3'

6,7 and9'

nsaDach heuseek

t

2 TheDtloer

oraver

as under:

"...to issue an appropriate

Writ' order or Dlrection'

more particularly a Writ of Mandamus'

declaring

the

action of the Respondents

Nos'2' 3' 5' 6 and 8 in

interfering

with the Petitioners'

peaceful

possession'

enjoyment

and cultlvation

of thelr respectlve

'forest

lands, despite lssuance of individual

Forest

Rights

Pattas, Pattadar

Passbooks

of the competent

authority

and also recommendations

made by the Project

officer, ITDA' Bhadrachalam'

is as illegal' arbitrary'

unconstitutional

and violative of the provisions of the

Scheduled

Tribes and Other Traditional

Forest Dwellers

(Recognition of Forest Rights) Act' 2006 and also

againsf the principles of natural

justice and also

Articles 14, 21 and 300A of the Constitution

of India'

and consequently

direct the Respondents

Nos'2' 3' 5' 6

and 8 not to interfere with the Petitioners

peaceful

possession, enjoyment and cultivation' development

of

the subject lands and also allow the Petitioners to

develop the land by way of digqing of bore wells'

permit them to have a new electrlcity connection in the

interest ofjustice and Pass '"'

3

3

W.P.'.to.23742

s

SN,J

of 2026

t

ne

as under:-

Urtf

rtPni

The petiLioners

are members

of the Scheduled

Tribes

and have been in p

cu itiva tion or *,.: s, o;e'c"tu"

ju,.

:, J:H:^u,..:,n]

competent

au torities, after due enguiry under the

provisions

of the Scheduled

Tribes and Other Traditional

Forest Dwellers (Recognition

oF Forest Rights) Act, 2006.

issued Individual

Forest Rights (IFR) pattas

and, thereafter,

Pattadar passbooks

were aiso issued recognizing

their lawful

possession

and <:ultivation. It is further stated that the

Project Officer, Integrated Tribal Development

Agency

(ITDA), Bhadrachalam, vide proceedings

dated 23.06.2026,

acknowledged thr: possession and cultivation ,cf

the

petitioners

and recommended that the possession of the

petitioners should not be disturbed and that they be

permitted to continue cultivation, including by cligging

borewells and obtaining new electriclty connections in

accordance with the applicable Rules. The grievance of the

I

4

is that, notwithstanding

the

SN,]

w P No 23742

of 2026

statutorY

recognition

petitioners

of their forestrights and the aforesaid

recommendations'

officials are interfering

with their

the resPondent

Forest

peaceful Possession'

and cultivation

of the

them from accessing

and

enjoYment

subject lands and are Preventing

by the samef the

develoPing

the same'

Aggrieved

petitioners

petition '

approached

this Couft by filing the present writ

e D

(A) r

1 4

ec

Ps

6

r

ruer:

3 6is

;;E8IIffi iIL'#,,'li-",fii$,

INTEGRATED

TRIBAL DEVELOPMENT

AGENCY' BHADRACHALAM

A:23.06.2026

Rc. No. A6/ITDA'E oFN3llI12024'

From

B. Rahul, IAS,

Project Officer,

ITDA, Bhadrachalam

To

The District Forest Officer,

Khammam.

Sir,

Sub:- TWD ITDA, Bhadrashalam Digging of borervells infheir cultivable

podu lands at various mandals of Khammam lJlstnct -Keg'

W.P, I\o.23742

of #C*-

i*t3i,f

f; ::iffi iil"i":: #;;il:*.

villages

of Singareni,

Sathupalli.

!!@@@t!

With reference

to the above

holders of variou-r

il". ;ilj"11ect^cited,

it is to inform you rhar RoFR pana

Mandais

have .",; ;;:;,;,::::#;.'l,lli:,

l:

Enkoor & Rag/runadhaparern

cultiralion

since

last 50 years an

- '"

.Lo(rrrB

rnat RofR pafta,lar.s

were

in

reqresring

rhis orficc

;;;;-:

also gening

Rvthubandhu

inpur subsidy

and

currivabre p"ra rrrol a,. ,trri'rf"j'''*'on

for digging or boreuels

in rheir

shown below,

' --c

approved

beneficiaries.

The dehils are as

N

sl

RoFRID No-l

J

Name of

the Farmer

o

' 222009001010001

]GuELrlurh

<urit;

Viltage

ROFR022 t00360622

\leekala

! eerababu

RO FR022100260952 Jakkula

Maqdat: Singareni

22201901

10190 i30

ROl,R022

1 00 I 9,1442

ROFR022100433611

ROFR02210021553

5

ROfR022100077126

2220 t90110101-1,r

I{alorh

][-ishore

Thavulya

4s7065220259

9963579936

Kotaiah

390007935113

Kishore

Flathva

N{angya

Kishan

Krtaiah

iJakkula

Rirmulu

.lakkula

Bladlamma

z::otqor rorooooo

]

ValaLh

Shi.kunthai

a

BatLoth

Ranesh

llhL kya

Bu] r

Baroth

Sra',an

Ku naL

Bhukla

Saku

Ilusband

Irather/

Adhaar No

Phone No,

Jamia

869262413134

738617333s

chetrlalapadu

Sangaiah

629s35\3277

Sangaiah

283979427340

eeraswamy

38 527'17 6 1 5,t 2

70747 49T6A

937899463070

2ts783232397

43938322402?

9?85173?6s5

Babusingh

l2

l:

lt

l).

6

)t-

8

lg

R01R022100{i330'

10.

6

SN,J

W.P, N0.23742

of 2026

12

ROFR022100432567

Bhukya

Mani

Babusingh

998975036085

t3

ROFR022 I 0043 l 224

Bhukya

Kotaiah

Pedda Ramu

650446561169

I4

ROFR022100354741

Maloth

Vijaya

Laxmi

Laxmi-

narayana 4150420',7 t258

l5

ROFR0221002 r6690

Kunosoth

Bojj i

Badru

26812507 2201

t6

22201,90 | t0 t0 t29

Aj meera

Mecna

92596532589'7

t'7

ROIR0221007937l

Ajmeela

Sunitha

Sakru

9227947 t4098

l8

ROFR022100366139

Ajmcera

Vasudeva

Maya

65553219t0191

19

ROFR022100420193

Guguloth

Vijaya

'7'10287

1849 t2

Mandal: SingareniVillage

Chitrthala-

thanda

20

ROFR022 r00318315

Badavath

Nageswarar

ao

Pulsingh

56t6289',1 4',1 89

MaDdal: SingareniVillage:

Nanunagar-

thanda

2l

ROFR022100l10386

Bhukya

Sampath

Srinu

38659047 6396

22

ROFR022100267646

Vankudoth

Shivalal

Bhecmla

565t72548',t 42 8008302725

23

ROFR022 r00258625

Bharmauath I

Balu

Jyothr

903249263045 8008788583

MaDdal: SingareniVillage:

Patimedi-

gumpu

24

ROFR022100083047

Angadi

Padma

Venkanna

529142448813

25

ROFR022100084734

Peram

Uapamma

Erraiah

1 r9966241967

Mandal :

Singareneni

Village:

Rekayala-

palli

26

2220 t8011030062

Dharmasoth

Rambabu

Mangya

329985040195

Mnndal:

Sathupalli

Village

Komaram

Krupa

Basaram

27

ROFR022l0033 I l9 t

Ramesh

96810694157 7

7

SN,J

W.F . Na.23742 of 2026

!tandal: SathtrPalli Village

ROFRolll0005ill6

Basaram

Venkanna

Garlaoddu

Donabanda

Chinna

l-

Manda I : Enkoor

ROFRozl 10000 17 I I

Aj meera

Soni

Ba lu

852E69867E02

803827 548362 9989849369

96191480904l 970542t389

.lara

Upendar

Village

Mandal

RaghunadhaPale

m

i0

ROFR0lll00lli69!'

Village

Boda

Venkanna

Hence. I requt:sr roLr kindly to look into this matter. personally and provide

)our

relnarks lor digring of borervells in their ROFR patta lands and provide

reasr)ns in case o[ re-je(:tion. so as to enable to issue necessary orders under Rule ]6

of RoFR Act.

Yours faithfuily,

Sd/-xxx

Project Oflicer,

ITDA, Bhadrachalam

OISCUSSION AND CONCLUSION:

DISCUssION:

4. Learned counsel apoearino on behalf of the

t inl us ilw

submissions:

(i) The petitioners are members of the Schedule

Tribes and are agricLllturists and they had been in peaceful

7569596507

-L

--i

8

SN,J

w.P. No.23742 of 2026

possession and enjoyment and cultivation of the respective

forest lands located at Chimalapadu Village, Singareni

Mandal, Khammam District. The petitioners had been

issued individual Forest Rights (IFR) Pattas by the

competent authorities as per the provisions of the

Scheduled Tribes and Other Traditional Forest Dwellers

(Recognition of Forest Rights) Act, 2006 and had been in

possession for the small extents of lands situated in

Chimalapadu Village, Singareni Mandal, Khammam District.

(ii) The petitioners, with a view to develop and

cultivate the subject lands, intended to dig borewells and

obtain new electricity connections. However, despite their

repeated requests, the respondents failed to consider and

accord permission for digging borewells in the subject lands

and also did not provide new electricity connections, thereby

impeding the petitioners from developing and cultivating the

said lands.

(iii) The petitioners even have clear observations

recorded in their favour as per the letter dated 23.06.2026

of the Project officer, ITDA, Bhadracharam addressed to the

I

SN,J

W.P. No.23742 of 2025

District Forest Officer, Khammam requesting nim to look

into the subject issue of grant of permission for digging of

borewells and sanction of electricity connection in

petitioners RoFR patta lands and for availing Rythu Bandhu

Input Subsidy and pass appropriate orders. But however no

action had been initiated on the said letter dated

23.06.2026 of the 5th respondent addressed t-o the 6th

respondent ev(ln as on date and the same is illegal,

a rbitra ry.

Basd on theaforesid subissrons,the learned

cousel aoearrnon behalf oftheoetitioners

nt d etiers e

s forth nein trentit

oetition

5 Thlern sanGer

res ntndsthathe6thresDOnenmve

F s

rortaoeraerh er

trteto

th

reoet res h5th r nt

t

d2 620

rn wtn

h

s

reasonableDEriod

10

SN.J

W,P, No.23742 of 2026

6. The learned counsel appearing on behalf of the

petitioners does not dispute the said submission made by

the learned Assistant Government pleader

for Forests.

CONCLUSION

7. A bare perusal of the record indicates that pursuant

to the applications submitted by the petitioners and other

similarly sltuated persons, the project

Officer, ITDA,

Bhadrachalam, addressed a communication dated

23.06.2026 to the District Forest Officer, Khammam,

indicating the partlculars of the peutioners, including their

Aadhaar numbers, names, respective villages and the

details of the RoFR pattas granted in their favour. In the

said communication, the plea of the petitioners that the

petitioners had been in continuous cultivation and

possession of the subject lands since last five decades had

been clearly referred to and further referring to petitioners

representations and petitioners request peftaining to

seeking permission for digging borewells and for sanction of

electricity connections in their respective RoFR patta lands

and for availing Rythu Bandhu input subsidy, the 5th

11

SN,.]

W.P No.23742 af 2026

respondent [equested the District Forest Officer to furnish

his remarks. It was further requested vide the said letter

dated 23.06,2026 that, in the event the request of the

petitioners was proposed to be rejected for any reason,

appropriate :rders be passed in accordance to law,

particularly in terms of Rule 16 of the Rules framed under

the Scheduled T.ibes and Other Traditional Forest Dwellers

(Recognition or Forest Rights) Act, 2006.

8. This Court takes note of the fact as borne on record

that the appl cations submitted by the petitioners are

referred to in the proceedings dated 23.06.2026 issued by

the respondent No.5 and addressed to the respondent No.6,

insofar as petil:ioner Nos.1, 2, 3 and 7 are concerned.

However, the names of petitioner Nos.4 and B do not find

place in the said proceedings dated 23.06.2026. The record

further discloses that, vide proceedings dated 23.06.2026,

the respondent No.5 requested the respondent No.6 to

consider the a pplications submitted

for digging borewells and for

by six of the petitioners

sanctionof electricity

la nds and forconnections in thei' respective RoFR patta

availing Rythu Barrdl-ru Input Subsidy specifically referring to

12

sN,l

Vt.P. No.23742 of 2026

the RoFR pattas granted in their favour duly furnishing the

particulars of the lands in their possession and cultivation.

9. The Judoment of the AoexCourt in Hari Krishna

Mandir Trust V. Stateof Maharashtra and Others

reDortedin AIR 2O2O Sureme Court 3969 and in

Darticular at Dara Nos.lOOand 1Ol it is observed as

follows:

"1OO. The High Courts exercising their jurisdiction

under Article 226 of the Constitution of India, not only

have the power to issue a writ of mandamus or in the

nature of mandamus,but are duw-bound to

exercise such power, where the Government or a

public authoriw has faited to exercise or has

mala fide, or on irrelevant consideration.

1O1. In all such cases, the High Court must issue a writ

of Mandamus and give directions to compet

performance in an appropriate and lawful manner of

the discretion conferred upon the Government or a

public

a uthority. "

10. Applying the above observations of the Apex

Court in the Judgment referred to and extracted

above to the facts of the present case, this Court

opines that the District Forest Officer, Khammam

failed to discharge his duty diligenily to consider the

t5

SN,]

W.P. No.23? 42 of 2026

said representations/application's of the petitioners

and pass appropriate orders in accordance to law,

within a reasonable period. Hence, this Court to

compel performance of the authorities concerned

opines that petitioners are entitled for grant of relief

in the present writ Petition'

11.Takini nto considration

(a) The aforesaid facts and circumstances of

the case,

(b) The submissions made by the learned

counsel appearing on behalf of the petitioner, learned

Assistant Government Pleader for Social Welfare'

appearing on behalf of respondent Nos'1' 5 and 11'

learned Assistant Government Pleader for Revenue'

appearing on hehalf of respondent Nos'4' 8 and 1O

and learned Assistant Government Pleader for

Forests, appearing on behalf of respondent Nos'z' 3'

6,7 and9,

14

SN,]

w.P. No.23742 of 2026

(c) The contents of the proceedings dated

23.06.2026 of the respondent No.5 addressed to the

respondent No.6 herein referred to extracted above.

(d) The fact that the names of the petitioner

Nos.l, 2, 3 and 7 are indicated in the proceedings

dated 23.06.2O26 recommending the representations/

applications made by the petitioners herein seeking

permission for digging of borewells and sanction of

electricity connections in petitioners respective RoFR

patta lands and for release of the Rythubandhu Input

Subsidy to the petitioners,

(d) The discussion and conclusion as arrived at

paragraph Nos.4 and 6 of the present order,

The writ oetition is disoosed of directinq

resDondento.6 to consider the reoresentations/

apolications of the oetitioners seekinq permission for

diooino borewells and for sanction of electricitv

connctions inheir resoive RoFRDatta Iands and

for availinq Rvthu Bandhu fnout Subsidv as oer the

lerofthe SthsDon adssedto the6th

15

SN,]

W.t'. No.23742 of 2026

re th

th

r ntd o

rtn tn nc

ormitvwith DrinciDles of iustice bv

to theorovidinqan oDDorunitv of oersonal hearinq

Detitioners andDASS ADDrooriate orders on thsaid

re Dresentationsof thDetitionerswithin a oeriod of

three (3) weeks from the date of receiDt of a coDv of

this order and dulv communicate the decision on the

a pplicationsothe oetionersherelnt t the

Detitioners herein.There shallbe no orderas to

costs.

Miscellanertus petitions, if any, pending in this Writ

Petition, shall stttnd closed.

//TRUE COPY//

SDi. A. JAYASREE

ASSISTANT REGISTRAR

/-+-

SECTION OFFICER

To

1. The Special Chief S;ecretary' Tribal Welfare Depafiment' Secretarrat' State of

Telangana at Hyderab'ad

lariat State of Telangana

Z fne eiincipal Secre tary Forest Department' Secrel

. ?i:'S;::itXl chrer cc'nservator or Forests (Head of the Forest Department"

"

nrr"vr'

g;;an,saifabad' Hyderabad Telangana State'

4 The collector, nn'#'#" o[]i"''r"t"gi'*d Complex' wvra Road'

Khammam, Khamman District'

5 The Project onit""iiitli't"o

Tribal Development Agencv (ITDA)'

Bhadrachalam

o ii-," bliri"t]orest

Off i':er' Bhad rad ri-Kotha gudem District

; i; ;";tiRanse Crrficer, iRo - sing""ni' Khammam District'

e. ii-," n""".re D"ivisional officer' Khammam District

9. The Forest eeat Otfic;, ;';i'nt"J'g"pu' Singareni Mandal Khammam

District.

10.The Tahsildar, Singareni lr4andal' Khammam District'

11.The Tribal o.u"toprn"nt''5fi;;' offi;" of the lntegrated complex' wvra

Road. Khammam, Kha''nmam District'

12.fwo CCs to GP FOR SOCIAL WELFARE High Court for the State of

Telangana at HYderabad [OUT]

13.T;; ic. to ci FOR RiVENUE, High court for the state of Telangana at

Hyderabad [OUT]

14.i;; CCs t; GP'FoR F9RESTS' High court for the State of relansana at

Hyderabad [OUT]

15. o;; cc to sRt JbGRAM TEJAVAT, Advocate IoPUC]

16. Two CD CoPies

SA

Wy

GJP

C.C. TODAY

HIGH COURT

DATED: 2310712026

ORDER

WP.No.23742 of 2026

DISPOSING OF THE W.P

WITHOUT COSTS,

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