MadaviManohar v. TheStateofTelangana

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleasedtoissueanappropriateWrit,orderorDirectionmoreparticularlyonein ihe nature of Writ of Mandamus declaring the inaction of the Respondents in not consideringvariousrepresentationsofthePetitionerherein,requestingthe nurponO"it. to take actions against illeg.ally settle.ments and constructions of houses of non-schedule Tribes,-as being illegal, arbitrary and discriminatory and violative of Article 14, 21 and Fifth schedule oi the constitution of lndia and also in violation of the PESA Act and other Statutory laws, Consequentially direct the n".pona"nt Nos.3 and 4 herein to consider the Representation dated.14.11.2024 and16.1'l.2024,tulherdirecttheRespondentNo.3hereinproceedonletters' Lr.No.P2t112024 and Lr.No.B/266t2024, dated 29.10.2024 and 24.10.2024, issued by Respondent Nos. li and 6 respectively. lA NO: 1 OF 2025 Petition under section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondent Nos.3 and 4 herein to consider the Representations dated.l 4.1 1.2024 ancl 16.1 1.2024. lA NO: 2 OF 2025 Petition under Seetion 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondent l'.lo.3 herein proceed on letters. Lr -No.P2l1l2O24 & Lr.No.B/266/2024. da1ed.29.10.2024 & 24.10.2024, issued by Respondent Nos.S and 6 respectively. Counsel for the Petitioner: SRI HUSSAIN AAMIR Counsel for the Respondent No.1 & 3: GP FOR SOCIAL WELFARE Counsel forthe Respondent No.2 & 6: GP FOR REVENUE Counsel for the Respondent No.4: GP FOR PANCHAYATH RAJ Counsel forthe Respondent No.5,7 & 8: SRI R. CHANDRASHEKAR REDDY' SC FOR PANCHAYATH RAJ The Court made the following: ORDER HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT P TITION No.1461 ot 2025 ORDER: . Heard Sri Hussain Aamir, learned counsel appearing on behalf of the petitioner, learned Government Pleader for Social Welfare, appearing on behalf of respondent Nos.1 and 3, learned Government Pleader for Revenue, appearing on behalf of respondent Nos'2 and 6, learned Government Pleader for Panchayat Rai, appearing' on behalf of respondent No.4, and Sri Ramavaram Chandrashekar Reddy, learned Standing Counse! for Panchayat Raj, appearing on behalf of respondent Nos.s. 7 and 8.

2. The petitioner approached the Court seeking prayer as under: "...to issue an appropriate Writ Order or Direction more particularly one in the nature of Wri.t of Mandamus declaring the inaction of the Respondents in not considering various representations of the Petitioner herein requesting the Respondents to take actions against illegally settlements and constructions of houses of non-Schedule Tribes as being illegal, arbitrary and discriminatory and violative of Articles 14, 21 and FiFth ! :l 2 I'-146t 2o\; schedure of rha r^^^.,- tn" constitution oF India and also 'n vioration o, the PESA Act and other statr.rt,cry raws, conse direct the Respondent Nos 3 and 4 herein ,o,o'"nt'u"' the Representation dated 14.11...2024 and ,u'ont'out rurther direct the Respordent No.3 proceed on letters Lr'No' ^i,i'ill P2/t/2024 and Lr. No. and 24.t0.2024 jssued fT:ffi:::"ffi:;':,'j,; respectively and pass...,, 3 It is the case of the pet,tioner tha t, the petitioner herein is President of Adivasi Sankshema Parishad, working for implementatic,n of Fifth Schedule of the Constitution of India in areas of Jainoor in Komuram Bheem District, ancl it was observed by the petitioner herein that hr:ge populations belonging to non-schedule Tribe of -lainoor, Komuram Bheem District, are carrying out activities which are in violation of the Fifth Schedule of the Constitution of India.

4. Aggrieved by the representations dated same, the petitioner herein made L4.77.2024 and t6.77.2024 to the Nos.3 and 4 respectively, requesting ihe respondent to sr:op the illegal activities of non_schedule construction of houses and the said representations had not Ho wever, pertEiining illega I Respondent authorities population settlements. J considered till date. Aggrieved by the said respondents, the present writ petition is filed. wP_t46r 2025 inaction of the

5. The learned Government pleader for Social Welfare submits that the writ petition courd be disposed of directing the 3'd respondent to consider the representation of the petitioner dated 14.11.2024 addressed to the 3'd respondent in accordance to law and initiate appropriate action within a reasonable period. PE USED THE RECO D. 6 e VA o n e a o d 2n'l 2 2 4ot e r cte hereunder: "I invite kind attention to the references cited, and submitting herewith the original representations submitted by the members of Aadivasi Sankshema parishath (ASp) Kumuram Bheem Asifabad District and Gondwana Panchayathi Raicentres Aadivasi Anubandha Committees in the Jainoor Mandal to solve their Demands, for favour of kind information and further necessary action.,, 7 t e tN 6 h reu nder: a 2

10. 4 d s xtr ct -..,;-- 4 wP 1461_2025 "I inv,ite kind attention to the reference cited and submitting herewith I submitted by rhe jff:'.t1"", Parishath (ASp) and the Gondvana panchayathi & Aadivasi Anubandha Communities in the lainoor Mandal to soh,e their Demands, for favour of kind information and further necessary action.,, o"o,r"j"':".';:r'J: Raicentres

8. Taki nq tnto nsideration: (a) The submissions made by the learned counsel the petitioner and the tearned Social Wetfare appearing on appearing on behalf of Governmenl: pleader for behalf of respondent No.3, (b) The contents of the tetter dated 29.10.2024 of the 5th respondent addressed to 2nd respondent. (c) The contents of the letter dated 24.lr(,"2024 ot the 6th respondent addressed to the 2.d respondent. petitioner,s The writ petition is disposed of directing the 3.d respondent to consider represen tation dated I4.]-L.,ZO24 addressed rd respondent to the 3 pertaining to the initiation of action with protection of entities, and regard to the tribal lands from non_tribals, corporate land mafia groups duly taking into the letter of the Respondent No.s dated consideration f 5 wP t46t 2025

29.1O.2O24 addressed to 2nd respondent and letter dated 24.10.2024 of Respondent No.6 addressed to respondent (referred to and extracted above), within a 2nd period of four (4) weeks from the date of receipt of a copy of this order. However, there shall be no order as to costs. The miscellaneous applications, if any pending, shall stand closed. SD/-T. CHANDRA SEKHAR REDDY ASSISTANT REGISTRAR //TRUE COPY// S CTION OFFICER To. '"'1 . Th" Principal Secretary, Department of Tribal Welfare' The State of Telanoand. Secretariat, Hyderabad. District. District.

2. The D'istrici Collector, Komaram Bheem Distnct . 5. ii;; t"G;teJ i"uir'oLliJiopn1"nt Ag"n"y, project officer, Utnoor, Adilabad +. itre Oitrict Panchayat Officer, Jaino-or, Komaram Bheem District' s. iii" n/li"oir pirisrraJbeveiopment officer, Jainoor, Komaram Bheem O. ine fatrsilOar, Jainoor, Komaram Bheem-District' 7. in" H,rintar pancnayai offiier, Jainoor, Komaram Bheem District' i. ii'ie pancttavat Secrbtary, Jainoor, Komaram- Bheem District s. o";, ct iJ6ni HuSsnttl nqMlR, Advocate [9Pt lcl 1O.ONE CC tO SRI R- CilAi,IbriASiiEKAR REDbY' SC.fOr PANCHAYATH RAJ r r.iio"ca" to Gp FOR SOCTAL WELFARE, High court for the state of 12.i;;'ic;6EF rbn REVENUE, High court for the state of Telansana. re.f;;'ics to GP FoR PANCHAYATH RAJ, High court for the state of Telangana. [OUT] TOPUCI tOUTl Telangana. [OUT]

14.Two CD CoPies BN BS HIGH COURT DATED:2110112025 I ORDER WP.No.1461 of 2025 ..4, nt sri 1 i4. I FE! 2025 ( f ; rr ir: 1 \\',\\t \- .s \: DrsPostNG oF THE WR|T PET|T|ON WITHOUT COSTS ,{ \,)