B.Rajesham v. The State of Telangana

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 pleased to issue a writ order or direction especially one in the nature of Writ of Mandamus declaring that. ...RESPONDENTS a) the action of the 1st Respondent in not considering and passing appropriate orders on the appeal filed by the Petitioner dated 02.04.2025 in C.No.532/TW ILTeU2O2i a$illegal and arbitrary b) further declare that, the order of the District Collector issued in Memo in Rc.No.C3/97412023, daled 21 .O2.2025 is illegal and arbitrary c) further declare that, the 3rd Respondent does not belongs to ST community and she belongs to OC community. -/ lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the ircumstances stated in the affidavit filed in support of the petition, the High Co I t may be pleased to direct the 1st Respondent to forthwith consider and pass a tpropriate orders on the appeal filed by the Petitioner dated 02.04.2025 in C.lr t.S32ITWlLTRl2025, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI SRINIVASA RAO MADIRAJI Counsel for the Respondent No.1 & 2: GP FOR SOCIAL WE LFARE Counsel for the Respondent No.3: SRI L.PRASAD RAO The Court made the following: ORDER .,:, -:rial1^:r-:J .r:.- . 7/ IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRIJUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.25811 of 2025 Dated:17.12.2O25 Between: B.Rajesham, S/o.B. ltlallaiah, Rl/o. Medchal-Malkajgiri District. ... Petitioner ANO The State of Telangana rep. by Secretary to Government, Tribal Welfare Department, Secretariat, Hyderabad & 2 others. ...Respondents ORDER: 1. This Writ Petition is filed seeking an order in the nature of Writ of Mandamus declaring the action of respondent No.1 in not passing orders on the Appeal filed by the petitioner in C.No.532/TWlLTRl2O25, dated 02.04.2025, as ittegal and consequently to declare the order passed by the District Collector in Rc.No.C3/97412023, dated 21 .02.2025 as illegal and further to declare that respondent No.3 does not belong to ST community. 2

2. Heard learned counsel for the petitioner as we I as the learned Government Pleader for Social Welfare represenli rg respondent Nos.1 & 2.

3. The facts of the case in nutshell are that the 1r rtitioner herein had retired from his service as Senior lManager in Tt! Oil Fed in the year 2019. After his retirement, respondent No.3 a ,proached him and obtained hand-loan by promising that she will -r pay the same within the prescribed period. On her failure to r >pay the said amount, the petitioner filed criminal cases a') rinst the 3'd respondent. While the things stood thus, the 3'd res rondent along with her husband threatened the petitioner with dire ronsequences. Thereafter, the petitioner came to know that the 3'd r,: ;pondent does not belong to 'Lambada' and she had falsely claimec ST Certificate and got appointment to her post. He also enquired r,''ri h the villagers and none of them stated that the 3'd responden' belong to ST community. Thereafter, the 3'd respondent lodgr: I a complaint against the petitioner before Saifabad Police Statiorr in FlR.No.165 o'f 2023 and after thorough investigation, the Police r losed the said case as false. Aggrieved by the action of 3'd rr spondent, the petitioner lodged a complaint before the Chai- Commission for Schedule Tribe, New Delhi l 1an, National -r 20.02.2023 -7/// 3 requesting to order thorough enquiry on lhe caste status of respondent No.3. While the matter stood thus one Smt.Bhukya Yamuna also lodged a complaint before the Nationa Commission with regard to caste of respondent No.3. Based on the said complaints, the District Collector constituted a District Level Scrutiny Committee to conduct enquiry on the case facts of respondent No.3. The DLSC submitted its report without properly appreciating the statements of villagers and evidence produced before them. The 2nd respondent also did not look into the evidence , statements of villagers and documents produced and issued Memo in Rc.No.C3/97412023, dated 21 .02.2025 treating the ST certificate issued by respondent No.3 as valid. Challenging the order passed by the 2nd respondent, the petitioner preferred Appea before the Hon'ble Minister, Tribal Welfare Department on 02.04.2025. The said Appeal was taken on record .and was numbered as C.No.532/TW|LTR|2O25 and so far, no notice was issued to the respondents. lt is further stated that since the TG Oil Fed is effecting promotions and the 3'd respondent is seeking for further promotion to the post of Manager, which is illegal, the petitioner was constrained to file, the Writ Petition seeking expeditious disposal of the Appeal filed by the petitioner. r ( 4

4. Learned counsel for the petitioner submitted I r pass orders directing the respondent authorities to consider the / ppeal filed by the petitioner daled 02.04.2025 and to pass approprii: e orders there

5. Per contra, learned G.P. for Social Welfare sL bmitted that if the Appeal filed by the petitioner is still pending for cor sideration, the same will be considered and appropriate orders will be passed by the respondent authorities.

6. Hence, with the consent of both parties, the \ /rit Petition is disposed of directing the respondent authorities t: consider the Appeal filed by the petitioner vide C.No.532lTWlL- R/2025, dated

02.04.2025 and pass appropriate orders in accorrl; nce with law within a period of four (4) weeks from the date of rece:i rt of a copy of this order after giving reasonable opportunity of i:aring to the petitioner. There shall be no order as to costs.

7. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed //TRUE COPY// SD/-C. DEEPIKA ASSiI ;TANT REGISTRAR .4. SECTION OFFICER To, \ t lLa

1. The Secretary to Government, Tribal Welfare Department' Dr.: R'Ambekdar, Telangana Secretariat, Hyderabad, State of Telangana.

2. The Collector and Dlstrict Magistrate, Hanmakonda, Hanmakonda : strict' Telangana 3. One CC to SRI SRINIVASA RAO MADIRAJU, Advocate IOPUC] 4. One CC to SRI L.PRASAD RAO, Advocate [OPUC] 5 Two CCs to GP FOR SOCIAL WELFARE, High Court for tlr( State of Telangana at Hyderabad [OUT] HIGH COURT DATED:1711212025 ORDER WP.No.25811 of 2025 I I ! I ' ttE. Si4 o oolJ J A i'] ?u?'r * t'. -/ * &:r&t,rt *n!,r'...- . -.. -,*i1*adir:l*r; .- . - t E - '.4r4 {^1(+ 'r.' . i*,.r;*$*; r. . ? .:j.(-_:. I,i. ri,: : .:. tii.,it ,,ari.,.r, .-,,;arriii ,*:tit, DISPOSING OF THE WRIT PETITION;',' . - ".."l\k*!, *lfi+&i$**r ; -,,'::,r8.r --;{h*F6ii{F*.'.. - .,., ;l*:, *..'i,P3'i$;{6d ". ; .i;1:.i.;:ra-:: .. . -,-",,;\!ii+' -- * 4 1 '\* -- *nl[iiir:;i.1i]; ,, ,,,. ....,.,.