Eerla Laxmi v. 1. The State of Telangana

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 respondents to consider the representation dated 28-08-2024forthwith step up to disburse for grounding an amount of Rs.9,90,000/- and protection fund Rs. 10,0001 under Dalitha Bandhu Scheme to the petitioner as it is promissory estoppels, pending disposal of the writ petition. Counsel for the Petiiioner: SRI PONAMPELLI RAVI Counsel for the Respondent No.1 & 2: ASST. GP FOR SOCIAL WELFARE Counsel for the Respondent No.3: ASST. GP FOR REVENUE Counsel forthe Respondent No.4: SRI SABAVATSRINIVAS, SC FOR SC COOPERATIVE DEVELOPMENT CORPORATION LIMITED Counsel forthe Respondent No.5: SRI R. CHANDRASEKHAR REDDY, SC FOR MPDO The Court made the following: ORDER - HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO.24764 OF 2024 ORD ER: Heard Sri Ponampelli Ravi, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for SC Development, appearing on behalf of respondent Nos'1, and 2, learned Assistant Government Pleader for Revenue, appearing on behalf Sri Sabavat Srinivas, learned of respondent No.3, Standing Counsel for Corporation Limited and Sri R. Chandrasekhar ReddY, learned Standing Counsel for MPDo, appearing on S.C Co-Operative Development behalf of resPondent No.5.

2. The petitioner filed the writ petition seeking the following relief : to issue a Writ, order or direction more " particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not remitting the scheme amount to the petitioner even after funds allocated and available with respondents as sponsored through the Department of Scheduled Castes Development under Telangana Dalith Bandhu Scheme to the listed beneficiaries even after name of the petitioner i.e. Eerla Laxmi, listed as beneficiary 2 wP 24164 2024 and discriminating by the actions of respondents only in remitting the amount of Rs.9,90,000/- by the respondents to their socially favorable persons and politically influenced/ suggested names granted as of now under Telangana Dalith Bandhu Scheme is being discrimination compare to other beneficiary is arbitrary, unconstitutiona I and in violation of Fundamental accrued right to enforce, execute as remain on operation of law to the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and also in violation of Articles 14A, 15. 16 and 21 of the Constitution of India and consequently to the respondents to consider the representation dated 28- O8-2O24 forthwith step up to disburse the amount of Rs.9,90,000/- and protection fund Rs.10,000/- under Telangana Dalith Bandhu Scheme to the petitioner immediately as it is promissory estoppels and pass..."-

3. The case of the petitioner in brief, is that the petitioner is working as labourer and belongs to Schedule Caste. The Government of Telangana issued G.O.Ms.No.6 dated 18.O7.2021 and G.O.Ms.No.114, for implementing the Telangana Dalith Bandhu Programme. The petitioner got selected to receive the benefits under the said G.O. wP-24764 2;;; It is further the case of the petitioner that petitioner's

4. name appeared in the final list of beneficiaries which had been approved by the District Collector for release of the sanctioned amounts into the special bank account of the petitioner which had been opened by the State Government officials under the Welfare Programme through Union Bank of India, Kamalapur Branch with Account No.32830201597633 and IFSC Code UBIN0532B35 issued on 1.01'2023' It is further case of the petitioner that the petitioner submitted detailed representation dated 27.08.2024 addressed to the Respondent No.3 requesting for remittance of the fund as per the petitioner's entitlement under the Telangana Dalit Bandu Scheme in Union Bank of India amount which has been allotted to the petitioner. In spite of the said representation dated 27.08.2024 addressed to the 3'd respondent herein no action had been initiated as on date. Aggrieved by the same the petitioner approached the Court by filing the present writ petition.

5. Coun ter affidav it has bee n filed bv the resDo nde nt No.4 and in lar Dara No.11 is extr hereu nder: 4 wP )4764 2024 "11. It ls humbly submitted that in view of all the above said facts, the petitioner is not eligible to grant the benefits under the Dalit Bandhu Scheme, and a s of now the Scheme is not in exi nce. It is submitted that the petitioner by misrepresenting the facts has filed the present writ petition, hence the petition is devoid of merits and liable to be dismissed".

6. The specific plea taken by the respondent No.4 is that the Datit Bandhu Scheme is not in existence as of now.

7. The learned counsel appearing on behalf of petitioner submits that in similar circumstances this Court passed orders dated 08.07.2024 in W.p. No. 30561 of 2023 in favour of the petitioner thereunder and the petitioner herein is also entitled for the similar relief. The learned counsel appearing on behalf of the petitioner further contends that the pleas in the counter affidavit filed on behalf of 4th respondent in particular at para No.11 and further the specific plea taken against the petitioner holding that the scheme is not in existence is untenable in view of the letter dated 28.OL.2025 vide 5 wP 24164 2024 Lr.No.P1l720/ CMDEP/20-.21 of Telangana Scheduled Castes Co-Operative Development Corporation, 5th Floor, DSS Bhavan, Masab Tank, Hyderabad, and a bare perusal of the same clearly indicates that orders had been passed for the enforcement of the balance grounding work of the Dalit Bandu Programme. Therefore, the learned counsel appearing on behalf of the petitioner contends that the petitioner is entitled for the similar relief as prayed for in the present writ petition'

8. This Court opines that the plea of the 4th respondent as put forth in the counter affidavit at para No' 11 that Dalit Bandhu Scheme is not in existence is factually incorrect, in view of the proceedings dated 28.0t.2025 of the Telangana Scheduled Castes Co-Operative Development Corporation, 5th Floor, DSS Bhavan, Masab Tank, Hyderabad addressed to the District Collectors of State of Telangana and further the proceedings dated 10.01.2023 vide Rc.No'D/205/ ZO2|-SC; dated 10.01.2023 ot the Collector/President, DSCSCDS Ltd'. Hanumakonda addressed to the Manager, Union Bank of India, Kamalapur which clearly indicates that a request is made on behalf of the Collector/ President to the Manager, \ 6 wP 24164 2024 Union Bank of India, Kamalapur for opening of bank account for 34 new beneficiaries for the purpose of transfer of funds into the said account under the Telangana Dalitha Bandhu Programme at Huzurabad Constituency and in the said list of 34 new beneficiaries, the petitioner's name figures at Serial No.16. I con idera ton: Ta inq rn (a) The aforesaid facts and circumstances of the case, (b) The contents of the petitioner's representation, dated 27-O8,2O24 addressed to the 3'd respondent herein i.e. District Collector, Hanumakonda' (c) The averments made in the counter affidavit faled on trehalf of respondent No'4 in particular at para N.11, which is disputed by the petitioner by placing reliance on the letter dated 24.O1.2025 vide Lr'No'PL/ T2OICMDEP/2O-2L issued by the Telangana Scheduled Castes Co-Op. Development Corporation, Masab Tank, Hyderabad, T 1 wt, 11764 2024 (d) The proceedings of the Collector/President. DSCSCDS Ltd., Hanumakonda vide Rc.No'D/2O5/2021' SC; Dt : 1O.01.2O23 addressed to the Manager, Union Bank of India, Kamalapur which clearly indicates the petitioner's name at Serial No.16 as one of the identified beneficiaries out of a list of 34 new beneficiaries after due enquiry as per due procedure, The writ petition is disposed of directing the 3'd respondent herein to consider the grievance of the petitioner as put forth in the petitioner's representation dated 27.08.2C.24 addressed to the 3'd respondent herein i.e. District Collector, Hanumakonda, in accordance to Iaw duly taking into consideration the proceedings Rc.No.D/2O5/}O2L-SC; dated 1O'01'2O23 of the Collector/President, District Scheduled Castes Service Co-Op. Development Society Limited, Hanumakonda addressed to the Manager, Union Bank of India, Kamalapur where petitioner's name figures at Serial No.16 of the 34 new beneficiaries list for release of benefits under Telangana Dalit Bandhu Scheme at Huzurabad Constit0ency and also letter dated I I 8 wt, 24764 20); 28.O1.2025 Lr.No. Pl/72O/CMDEP/20-21 of the Vice Chairman & Managing Director, Telangana Scheduled Castes Co-Op. Devetopment Corporation, Masab Tank, Hyderabad addressed to all the District Coilectors/ Chairman. DSCSCDS Ltd,, and pass appropriate orders, in accordance to law, within a period of two (2) weeks from the date of receipt of a copy of this order and duly communicate the decision on representation dated 27,OA.2O24 addressed to the 3.d respondent herein seeking disbursement of funds as per petitioner's entitlement under the Telangana Dalit Bandhu Scheme to the petitioner herein. However, petitioner,s there shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall staLrd closed, SD.K.SRI:ERAMA MURTHY AS SIANT REGISTRAR //TRUE COPY// I 1;EC

1. The Principal Secretary to Government, The Schedule Caste Development Department, The Statei of Telangana, Dr. B. R. Ambedkar Telangana State Secretariat, Hyderabad.

2. The VC and Managing Director, Telangana Schedule Castes Co-Operative Development Corporation Limited, Sth Floor, Damodaram Sanjivayya Samkshema Bhavan,Masabtank,Hyderabad.

3. The District Collector, lntegrated District Offices Complex, Hanumakonda District, Telangana. \ To, \

4. The Executive Director/Spl. Officer (E.D.), Scheduled Castes Co-Operative Development Corporation Ltd. lntegrated District Offices Complex, Hanumakonda District, Telangana. Mandal, Hanumakonda District,Telangana.

5. The Mandal Parishad Development Officer (M.P.D.O.), Kamalapur 6. One CC to SRI PONAMPELLI RAVI, Advocate [OPUC] 7. One CC to SRI SABAVAT SRINIVAS, SC foT SC COOPERATIVE 8. One CC to SRI R. CHANDRASEKHAR REDDY, SC for MPDO IOPUC] 9. Two CCs to GP FOR SOCIAL WELFARE, High Court for the State of DEVELOPMENT CORpORATTON LTMITED [OpUC]

10. Two CCs to GP FOR REVENUE, High Court for the State of Telangana. Telangana. [OUT] t touTl '1 l.Two CD Copies BN LS @i I HIGH COURT DATED:0410312025 I ! I ,\- ) ORDER WP.No.24764 of 2024 /€ o t- 2 4 tl.n,, ZW L) t b1 .jr4tC rrCO DISPOSING OF THE WRIT PETITION WITHOUT COSTS W