✦ High Court of India · 23 Apr 2025

High Court · 2025

Case Details High Court of India · 23 Apr 2025
Court
High Court of India
Decided
23 Apr 2025
Bench
Not available
Length
1,099 words

3. Dayyala Srinivasulu, S/o Ramulu Aged about 39 years, Occ Agriculture R/o Yailkl Village, Nania Mandal, Narayanpgt District.

4. Dawala Rameshwaramma, D/o Ramulu Aged about Q2 years, Occ Hoir6ewife FVa Yamhi Village, Narva Mandal, Naray4npet District.

5. Dawala Survaprakash. S,/o Davvala Srinivasqlu Aged abput !3 yearg, Minor Reir'bV Dayyata Srinivdsulu (Father) R/o Yamki Village, ;Narva Mandpl' Narayanpet Qistrict. ?:PETlrloNERS AND 1 2 3 4 The State of Telanqana, Rep by its Principal Secretary, SocialWelfare Department, Secreiariai Buiidin'gs, Hyderibad, Telangana Stale. Ihe Ei .slrict Q9. llecJgl, N a raya npet D istriot, The Bgvenui -Diviqignal The fahsildpr, Narvq M?ndal, Narayanpet District. Officer, Narayanpet DivislQQ NaSayanQet District . Petition.undqr Artiqle 226 ol lhe Constitution of lndia praling that.in the circumstances stated in the affidavit filed therewith, the High Court frray be pleased to issue a Writ, Order or Direction(s) essentially in the nature qf Writ of Mandamus, declarinq the inaQtion of the respondent No.3 in considering the petitioners appticafi'ons for issuance of Madasi Kuruva SC Commqnity Cgrtrllggle__b99j[s 1 Apptication No. .QND021S12242301 2 Application No. CND021812241505 3. nppri"iiio" No.'CND021812242956 4.Application No. CND021912243864, 5' Rpptication No.CNi1021812243504, dated 28 04.2018 as illegal, arbitrary resulting in violation of Article 14,21 of the Constitution of lndia and conseqqently direct the ' ..q€SPONDENTS l respondent No.3 to issue Madasi Kuruva SC Community Certificate in our favour forthwith lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circums{gnces stated in the affidavit filgd in suppg( of the pqtition, the High Court may be pleased to direct the respondent N9.3 to ionsider thb representation submitted by the petitianer No.2, dated 03.12.?024 40d pass qppropriate orders keeping in vi(w the report of the Tghsildar, NArva [lrlandal, Nbrayanpet District vide hiS Proc€edings No Cl22l2019, dated 07.01 .201.9 : Counsef for the Petitio4ers: $Rl. KARNAII RAMESH Counselfor [!9 RqppoQgent No.l; 9l FOR $OCIAL WELFARE Counsef for [he Rgspoq{qnt Nos.2 tc 4: AgP FOR REVENUE The Csurt mede the followingl OBQER l-. THE HONOURABLE SRIJUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.9656 of 2025 ORDER: Heard learned counsel for the petitioners and learned Assistant Government Pleader for Social Welfare appearing for respondent No.1 and learned Assistant Government Pleader for Revenue appearing for respondent Nos.2 to 4. With their consent, the writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition has been filed seeking the following prayer:- "to declarc the inaction of the respondent No.3 in consideing'the petitioners applications for issuance of Madasi Kuruaa SC Community Certifcate bearing 7. Application N o.CN D021 872242301, 2.Application N o.CND 021 872247505, 3.Application No.CND027872242956, 4.Application No.CND021.812243864, 5. Application No.CND027812243504 dated 28.04.2078 as illegal, arbitrary, resulting in oiolation of Article 74, 21. of the Constitution of India and consequently direct the respondent No.3 fo issue Madasi Kuruoa SC Community Certifcatc in our faaour forthwith."

3. Facts giving rise to file this writ petition are that the petitioners claims belonging to Madasi Kuruva SC community and for the purpose of availing various benefits, made Applications Nos.CND027812242301,, cND021812241.505, cND021872242956, cND021812243864, CND021812243504 dated 28.M.201.8, requesting respondent authorities to issue Madasi Kuruva SC comrnunity certificate to the petitioners. Subsequently, respondent No.3 oide letter bearing Lr.No.G/329/2018 directed \-\\ ----'r \.' I 2 the respondent No.4 to enquire into the matter and thereafter, respondent No.4 aide letter No.C/22/2019 dated,07.01.2019 stated the following:_ "Further it is submittcd that, as per the instructions of Reaenue Dioisional Offcer, Narayanpet the matter utas got enquired locnlly in the oillage oide ref.3 cited, it is reueabd. thnt, the families of the applicants uere resiiing in the Yamki aillage since 40-45 years back and tlieir main liztetihood is shepherd (tale care of sheeps and. mooe them from one phce to another) and tempgrary migrants and. they are belongs to " Madasi Kunn,' comrnunity as per the opinion of oillage elilers. ln this regard panchanama has also ieen conducted in the aillage. . . Therefore, I request kindly to approoe the abooe applicants as they are belongs to " Mndasi Kurta" community."

4. Learned counsel for the petitioners submits that as per the Rule 4(h) of the Telangana (SC, ST & BC) Issue of Community, Nativity and Date of Birth Certificate Rules, the competent authority shall take a decision ra,ithin 60 days from the date of application. However, in the present case, the respondent No.3 being the competent authority had not taken any decision on issuance of the Madasi Kuruva Community Certificate to the petitioners. Learned counsel further pray this Court to direct the respondent No.3 to dispose the petitioners applications dated 28.04.2018, in a time bound period.

5. l-earned Assistant Government Pleader appearing for respondents did not dispute the same.

6. Recording the submission made by leamed counsel appearing on either side and since the petitioners' applications dated 2g.M.201g are pending from the year 2018, this Court deem it appropriate to dispose of the writ petition directing No.3 to consider the petitioners applications dated

28.M.2018 and by considering the letter dated 07.01.2019 issued by 3 respondent No.4, the respondent No.3 shall pass appropriate orders strictly in accordance with law, as expeditiously as possible, preferably within a period of four (04) weeks from the date of receipt of copy of this order and cornmunicate the same to the petitioners.

7. Accordingly this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs. //TRUE COPY// SD/-K. AMMAJI EPUTY REGI SECTION OFFICER To

1. The Principal Secretary, Social Welfare Departmen Hyderabad, Telangana Slate. cretarigt Buildings, z The Revenue Divisional Officer, Narayanpet Division Narayanpet Disirict The Tahsildar, Narya Mandal, Narayanpet District. One CC to SRl. KARNAM RAMESH Advocate [OPUC] Two CCs to GP FQR SqCnL WELFARE ,High Court for the $tate of Telanga4a. tpUTI Two 09q to gPlgr Revenue, High Court for the $t?te of Telapgana at Hyderabed.19UTI : 4 5 6 7 KKS BS Two CD Copies lr- HIGH COURT DATED:2310412025 I I /(;' t: .',) \,; 6t Slrl ,a 1 3 0 APn 2[25 C5 .S Pii.{ rrr t t (P \ ( 'P z a ORDER WP.No.9656 of 2025 DISPOSING THE WRIT PETITION I'YITHOUT COSTS AW ? 3o t{" >5

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