High Court · 2025

THE HONOURABLE SRIJUSTICE PULLA KARTHIK WRIT PETITION NO:13 385 0F 2025 Between: Kudmetha Srinivas, S/o. Gangaram, Aged about 28 Years, Occ Hn H.No.b-igti,- Kanch,arafleta, Kafiepalli Village, Sirpur T Kumuram Bheem Asifabad District, Telangana State Student, Manda l, ..,PETITIONER AND

1. The State of Telangana, Rep. by its Principal Secretary Tribal welfare Department, Secretariat, Hyderabad

2. The State of Telangana, Rep by its Principal Secretary Revenue Department' Secretariat, HYderabad.

3. The lntegrated tribal development' Project officer, utnoor, Adilabad District' 4. The special dgputy cpllector, utnoor' Adilabad District 5. The District CollectoJ, Kupuram Bheem Asifabad District' 6. The District tribal development officer, Kumuram Bheem Asifabad District' Telangana State.

7. The Panchayat extqnsion schedule areas, Co-coordinator' Kumuram Bheem Asifabad Disiiict, Telangana State

8. The Revenue diviEional officer, Kagaznagar, Kumuram Bheem Asifabad District, Telangana State. 9'TheDistrictp4nchayatofficer,KumuramBheemAsifabadDistrict,Telangana 9tate

10.The Thasildar, Sirpur (T) Mandal, Kumuram Bheem Asifabad District' Telangana State. 1 1 The Gramaoanchavat Keriapally, Sirpur (T) Mandal' Kumuram Bheem ' A;ifrb;ii Ditiict, i6tangahd state Rep by its panchavat secretary' l2Thesuperintendentofpolice,KumuramBheemAsifabadDistrict,Telangana State.

13. The Assistant superintendent of police, Komuram bheem Asifabad District' Telangana State. .*i -14.The Deputy superintendent of police, Kagaznagar Division, Komuram Bheem Asifabad District 1 5. The Circle inspector of police, Koutala, Komuram Bheem Asifabad District, Telangana State.

16.The Statlon Hguse Qffrcer, Sippur (T) Mandal, Kumuram Bheem Asifabad District, Telangana State ...RESPONDENTS Petition under Article 226 of the Constitution of ]ndia praying that in the circum$tances stated in the affidavit filed therewith, the High Court may be pleased to iqsue writ order or direction morg partjcular:ly in the nature of writ of lvlandarnus declaring thQ inaclion qf the BgsPoodents No.3 to 11 herein not considering variou$ represeltations of the Petitionqf herein, requesting the Respondents to take actions against illegally settlements and Qonstructions of houses of non-schedule Tribes, as being illegal, arbitrary and discriminatory and vrolative of A(icle 14,21 and Fifth Sqhedulg of the Conslitution of lndia and also in violation of the PESA Agt and other Statutary layys, Cgnseguentially direct thq Respondent Nos 3 lp 11 herein to consider the Representation dated 03 .06 2020 08 06.2020, 2!..06.2020 lA NO: 1 OF 2025 Petitiol under Seption 151 CPC praying that in the circumstances stated in the affidavit filed in quppert of the petition, the High Court may be pleased to direct the Respondent Nop.3 to 1 1 to cqnsider !!'rg Represgntations of the petitioner dated. 03 06 2 020, 08 06 ?020, 24.Q6.2020, pqnding disposal of mqin writ petition lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstgnces stated in the affidavit filed in Support of the petition, the High Court may be pleased to direct lhe respondents No. 12 to 16 to provide necessary police protection to the petitioner as serious threats in the hands of the nqn tribes otherwise they may kill the petitioner at any point of time with filing of the present wrrt petition against the non tribes, upon pending disposal of main writ petition, upon pending disposal of main writ petition. Counsel for the Petitioner: SRI VEERA BABU GANDU ,'i I i r F t I t I l I t i l, h : Counsel for the Respondent Nos.1,3 and 6: GP FOR SOCIAL WELFARE Counsel for the Respo-ndgnt Nos.f ,4,5,8 a4d 10: GP FOR REyENUE Counsgl for: the Respon(gnt [os.7 and 9: GP FOR PANCHAYAT RAJ Counsgf fort[e Rgspo4dentNo.ll;SRl K. PRADEEP BEDOY, The Gourt nage t_hg follqwingl ORpfn ,,. tI I t t I I I J w 1 THE HON'BLE SRI JUSTICE PULLA KARTHIK W.P.No. 13385 of 2o25 ORDER: With the consent of both the parties, this writ petition is taken up for disposal at the stage of admission

2. The writ petition is filed with the following prayer: "To issue writ, order or direction more particularly in the nature of Writ of Mandamus, declaring the inaction of the Respondents Nos.3 to l. t herein not considering various representations of the Petitioner herein, requesting tl-e Respondents to take actions against illegalty settlements and constructions of houses of non Schedule Tribes as being i1lega1, arbitrary ald discriminatory and violative of Articles 14 and 21 and Fifth Schedule of the Constitution of India and a-lso in violation of the PtrSA Act ard other Statutory laws; consequentially direct the Respondent Nos.3 to 11 herein to consider the Reprcsentations dated 03.06. 2 O2O, OA.O 6.2O2O, 24.06.2O2O" .

3. Heer.rd learned counsel for the petitioner, learned Government Pleader for Social Welfare appearing for respondent Nos.1, 3 and 6, learned Government Pleader for Revemre appearirig for respondent Nos.2, 4, 5, B ald 10, learned Government Pleader for panchayat Raj appearing for respondent Nos.7 and 9, Sri K.Pradeep Reddy, learned Standing Counsei appearing for respondent No. 11 and learned .t 2 Government Pleader for Home appearing for respondent Nos' 12 to 1'6, and perused the record.

4. The learned counsel for the petitioner submits that the petitioner belongs to Scheduled Tribe. It is stated that there is a huge settlement of non-scheduled Tribe population in Lonavelli, Kancharpet, Karjepally villages of Sirpur-T Mandal, Komuram Bheem district, due to which, the situation of local Scheduled Tribes has worsen as the non- scheduled tribe population has been exploiting the local resources. Therefore, petitioner made a representation to the respondent Nos'3, 5 and 6 on 24 .6.2020 and 8.6.2020, requesting to take action against the non-scheduled tribe persons, but so far no action has been taken by the respondents. It is further stated by the learned counsel for the petitioner that the subject matter of this writ petition is squarely covered by the order passed by this Court in W.P.No.l46l of 2025 dated 21. 1.2025 and requested to pass similar order in this writ petition.

5. The learned Government Pleader appearing for the respondents submits that the respondent Nos.3, 5 and 6 wili consider the representations of the petitioner ald will pass appropriate orders, as per law. i I

6. Having regard to the submissions made by the learned counsel for the parties and without going into merits of the matter, the writ petition is disposed of, directing the respondeht Nos.3, 5 and 6 to consider and pass appropriate orders on the representations of the petitioners dated 24.6.2O2O, 8.6.2020, strictly in accordalce with law as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order. Miscellaneous applications, if any, pending in this writ petition stand closed. ,/TRUE COPY// SDI- A.V.S. PRASAD oECurY R€GlsrRAR i, SECT6N OFFICER To, i i[: H[f[iPi#iqflffiffi f:i'{h"#lir#:!ri #;:::: 1 i;: dsj:i#ffjt"'j:,',$.ii:o#: $fll"s3fJ?JYfJ''*" or reransana at : *:qtttf,"T+h:iiflf,x:i fr*+lrr"" : :HHi":: H: : J"' s,#:.'i',:"rT$5i3:iT.[:?'iJhZ"t'"f'::l^"stateorrerangana'at HvderabadlOUTl 1O Trfuo CD CoPies .2 TJ SS HIGH COURT DATED:2910412025 I a1 .\ \* \ i:t (: ORDER WP.No.13385 ot 2025 DIPOSING OF THE WRIT PETITION WITHOUT COSTS /z 4.,1 //*,/, /€ g fE. v r t-t3 r I l ; I j l t