Hyderabad High Court · 2025

Judgment

2. Adivasi Sena. Reod No 185 of 2018 Under Societies Act, 2001 Rep by its President, M. Do-utarh Rao. Res oir,Je ar H r.16 ii:izz, 'vippirjiirfuiiam, Ir4u1tug.uru mandal, Bad rad ri Kothigudem District M.Doulath Rao, S/o. pandu, Agt 45 years, R/o. 5-74, Venkatapur village, Dandepally mandal, Mancheriat District.' AND ...PETITIONERS

4. ill:j^I9glprlg, R9p, by rts Pnncipal Secretary, Law and Legistature uepanment, I.S. Secretariat Buildrngs. Hyderabad :t19_ol Telargana, Rep _ by rti piincrpar Secretary, Tribat Wetfare Uepartment, l.S. Secretaflat Burldings. Hyderabad The Commissioner, Tribal Welfare bepartment DSS Bhavan, Masab Tank, Hyderabad High Court for the State of-Telangana. Rep. by its Registrar General, High Court buildings, Near Govr Ciry Co'itege, HyleraLaO - SOb oOO. ...RESPONDENTS

Petition under Arlicre 226 of the constitutron of rndia praying that in tre circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ or order, more particurarry one in the nature of wRlr oF MANDAMUS, declaring, a) G.O.Ms. 19, 28 as amended by G O Ms. 67 dated 1 .06.2022,29, 30,32 as amended by G.O.Ms. 80, dated 1 06 2022, 35, 36 and 49 dated 17.05.2022 issued by 01st respondent authorty in so far as it extends the jurisdiction of District courts, subordinate Judges courts under schedule to Notification -lll and Junior civil Judges court under Notification-v of newly formed respective Revenue Districts of Adilabad, Khammam. Kumuram Bheem, Mahabubabad, Mancherial, Mulugu, Nagarkurnool, Warangal to the agency areas in all the above mentioned districts. and b) G.O.Ms. 20 dated 17.o5.2o22 as amended by G O'Ms 64 dated 1 o6 2022 in so far as it extends the jurisdiction of Junior civil Judge under \otification-v of Badradri-Kothagudem District to the agency areas of Badradri-Kothagudem District, as ultravires Rule 3 of The Telangana Agency Rules' 1924 and section 1(3) of the civil courts Acl, 1972 and thereby illegal and uncc nstitutional and consequently direct the respondent state to amend G O [r/s' 19' 28 as amended by G.O Ms. 67 dated 1.06.2022,29' 30,32 as amended by G O Ms 80' dated 1.06.2022, 35, 36 and 49 dated 17.O5.2O22 to exclude the jurisdiction of civil courts to agency areas in respective districts of Adilabad, Khammam' Kumuram Bheem. Mahabubabad, Mancherial, Mulugu, Nagarkurnool, Warangal and G.O.Ms. 20 dated 'l7.O5.2O22 as amended by G'O'Ms 64 dat(:d 1 06 2022 oI Bhadradri Kothagudem IA NO: 1 OF 2022 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 stay the operation of GO MS.Nos. 19, 20 as amended by G O ttils 64 dated 01.06.2022,28 as amended by G.O.Ms. 67 dated 1'06'2022 29' 30' 32 as amended by G.O.Ms. 80, dated 1.06.2022,.35, 36 and 49 dated 17 05 2022 dl.lT.O5.2022issuedbythe0lstrespondent,totheextentofth<:irapplicationto the agency areas in respective districts of Adilabad, Badradri Kothagudem' Khammam, Kumuram Bheern, Mahabubabad, Mancherial, Mulugu Nagarkurnool' Warangal Counsel for the Petitioner: SRl. CH. RAVI KUMAR Counsel forthe Respondent Nos. 1to3: SRI ANURAG BAJPAI' ADDL ADVOCATE GENERAL Counsel for the Respondent No.4: SRI VIVEK JAIN The Court made the following: ORDER I 'lrl t i "--7 4 HON'BLE SRI JT'STICE P.SAM KOSHY AND HON,BLE SRI JUSTICE NARSING RAO NANDIKONDA WRIT PETITIO N NO.41597 0F 2022 ORDER: ftter Hon'ble Sri Justice P.SAM KOSHY) This Writ Petition, under Arr iclc 22C> ol thc Constitution of India, is fiIed challenging varirrus (l'()s issucd by the State Government making thc provisions ol thc Civil Courl Act applicable even for the Scheduled arcas.

2. Pending Writ Pct ition, rcspondcnt No l filed counter- affrdavit wherein at paragraph Nos.3 to rt is slalcd as under: ' '3. It i8 humbly submitted that as per sub-scction 3 of sectioD 1 of the Telangana Ciwil Courts Act, 1972, tbe provislous of the said Act wetc not cxtcndcd to the Scheduled areas. Thereforc, as rightly Pointed out by the petitioDers, the provisions of the Civil Courts Act do not apply to the Schedulcd ateas. It appears that there is accidental omission ot Clerical mistakc in thc Process of drafttng the Notifications. Thcrc should have becn a mention lE tho6e Notifications that they do not aPply to the Scheduled areas.

4. It is huEbly submittcd that thc Notifications rcquire amendtaents to exclude thc jurlsdiction of Civil Courts under the prowisions of thc Telangana Civil Courts Act in resPect of the Sibedulcd areas.

5. It is huubly subEitted that thc Governmcnt is prepared to teke corrective measurcs by issuing appropriate amendments or fresh Notifications as proposcd by the Hoo'blc High Court aad subject to thc ordcrs of this Hon'ble High Court'" I 2 3 counsel for thc already accepted 'l'oday, when the matter is taken up for hcaring, learncd petitioners submits that the n:spondents have that the mistake had been crept on account of ccrtain accidental omissions or clerical mistakes and appropriate steps are going to be taken for rectification of the same and nothing further remain to be adjudicated in this wit petitron and Lhc samc may bc disposed oI accordingly.

4. In view of the assurance given by the Statc ()ovcrrrment, thc Writ Pctition is disposed with a direction to the I sr rcspon(lcnI r() e nsurc thal u,hatever accidental omissions and < lcriczrl mistakcs havc bccn crcpt in G.O.Ms.Nos. l9 and 20, :rs :rmcnrlt,d rn (i.O.Ms.No.64, dared O1.06.2024, G.O.Ms.No.28, ctrLrcd 01.06 J022, (i o.Ms.Nos.29, 30 and 32 as amended by G.O.tr4s.No 8O, cliitecl O1.06.2022, C.O.Ms.No.35, 36 and 49, dated tZ.O,r.,2O2). rl,rt. samc m:rv bc rcctiIi<:d, at the earliest. There shall be no or,]cr irs l() (.()sts. Misccll;rncous pctitions, if any, pending in this \\ nr l)(.lrrron shrr ll s tir ncl r.loscd. //TRUE COPY// SD/- A. SRINIVASA REDDY D\PUTY REGISTRAR SECTION OFFICER ent, T. S Secretariat The Prrncrpal Secretary, Law and Legislature De Burldings, Hyderabad The Principal Secretary, Tribal Welfare Department, T.S Secrelariat Buildings, Hyderabad The Commissioner, Tribal Welfare Department DSS Bhavan, tvlasab Tank, Hyderabad The Regrstrar General, High Court for the State of Telan(lana, Hrgh Court buildrngs. Near Govt. City College, Hyderabad - 500 066' One CC to SRl. CH. RAVI KUMAR, Advocate [OPUCI Two CCs to GP FOR ADDITIONAL ADVOCATE GENEIIAL, High Court for the State of Telangana, at Hyderabad [OUT] One CC to SRl. VIVEK JAIN, Advocate IOPUC] Two CD Copies BM To, 1 2 3 4 5 6 ntDw 7 I HIGH COURT DATED:1810312025 ORDER WP.No.41597 of 2022 \ o t) e o E SI4 ,4' (f,( - o .\ 1 0 JUt{ ilE * Op.. 'ir er(:r rF-,o t DISPOSING OF THE WRIT PETITION WITHOUT COSTS (t- \ \\'.'V,, ..Y"r'/ \- z/r! /.yt'