Disposed

Pakala Srihari Rao, Secunderabad v. Chief Secretary, State of Telangana, Hyd and Another

Telangana HC12 Dec 2018PIL/315/2014

Case brief

AI extract

What is this about?

The High Court adjourned PILs regarding farmer suicides. The court accepted the petitioners' undertaking to provide a list of affected families within a week for verification by the Special Government Pleader, with the matter to be decided on 20.06.2016.

What did the court decide?

Adjournment to 20.06.2016; direction to Special Government Pleader to verify beneficiary list and file affidavit.

Pakala Srihari Rao, Secunderabad Vs… — Constitutional and Fundamental Rights | Telangana HC (2018)

¶1

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH

¶2

MONDAY, THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND SIXTEEN

¶3

:PRESENT:

¶4

THE HON'BLE SRI DILIP B. BHOSALE, THE ACTING CHIEF JUSTICE AND THE HON'BLE SRI JUSTICE P.NAVEEN RAO

¶5

PIL .No: 315 of 2014, PIL .No: 279 of 2015 AND PIL .No: 332 of 2015

¶6

PIL .NO: 315 of 2014

¶7

Between: Pakala Srihari Rao S/o. Narasinga Rao, Aged 62 years, Occ: part-time Business & Social Worker, H.No. 1-16-91/2, Sainagar colony, Alawal, Secunderabad-500 015.

¶8

..... Petitioner

¶9

AND

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1 The State of Telangana, Rep. by its Chief Secretary, Secretariat Buildings, Hyderabad.

¶11

2 The Union of India, Rep. by its Union Cabinet Secretary, Rashtrapathi Bhavan, New Delhi.

¶12

(Respondent No.2 is deleted from the array of the respondents as per Court order dated 22-12-2014 in PIL)

¶13

.....Respondents

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus for inaction of the respondents in not concentrating on the upliftment and evolving a suitable package for the farmers to avoid suicidal deaths despite several representations are made by the petitioner as well as by other quarters is arbitrary, illegal consequently; to direct the respondents to work out a suitable package to stop the on-going suicidal deaths.

¶15

Counsel for the Petitioner	: Sri Pakala Srihari Rao, Party-in-Person
Counsel for Respondent No.1	: The Advocate General for the State of Andhra Pradesh
Counsel for Respondent No.2	: Spl. Govt. Pleader for the State of Telangana

¶16

PIL .NO: 279 of 2015

¶17

Between:

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VYAVASAYA JANA CHAITANYA SAMITHI, Rep. by its President, Sri. A.P. Ramaiah Yadav, Aged about 50 Yrs, Office at H.No.1-9-8-1/1,

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B 303, Girishikhara Plaza, Ramnagar, Hyderabad.

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..... Petitioner

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AND

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1 The Union of India, Rep by its Secretary, Department of Agriculture & Cooperation, New Delhi.

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2 The State of Telangana, Rep. by its Principal Secretary, General Administration Department, Secretariat of Telangana, Hyderabad.

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3 The State of Andhra Pradesh, Rep. by its Principal Secretary, General Administration Department, Andhra Pradesh Secretariat, Hyderabad.

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4 The State of Telangana, Rep. by its Principal Secretary, Department of Agriculture, Telangana Secretariat, Hyderabad.

¶26

5 The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Agriculture, Andhra Pradesh Secretariat, Hyderabad.

¶27

6 Telangana Vidhyavanthula Vedika (part of TJAC) Represented by its Honorary President Professor M. Kodandaram S/o Late M. Janardhana Reddy, Aged about: 60 years, Occupation: Retired Professor/Activist, R/o 12-13-578, Nagarjuna Nagar, Tarnaka, Secunderabad - 500 017.

¶28

7 Telangana Rythu Joint Action Committee (JAC), Represented by Lopelly Jalapathi Rao, Retired Professor from ANGR Agriculture University (ANGRAU), S/o Lopelly Gopal Rao, aged about 64 years, C 305, Magnum opus, Gachibowli, Hyderabad - 500 032.

¶29

8 Nalabothu Suresh Babu, S/o. Murahari Rao, Aged about 44 Yrs, Occ: Farmer, R/o. Venkatapuram (v), Penuganjiprolu (Mandal), Krishna District. (R-6 to 8 are impleaded as per Court Order dated 16-11-2015 in PILMP Nos. 501 and 507 of 2015 respectively)

¶30

.....Respondents

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased; 1) To issue a writ order or direction more appropriately a writ of mandamus declaring the inaction of the respondents in not taking visionary measures to prevent farmer's suicides in the State of Telangana and the State of Andhra Pradesh as illegal and arbitrary and violation of Article 21 & 41 of the Constitution of India. 2) To direct the Respondents to take visionary measures to prevent farmer's suicides in the State of Telangana and the State of Andhra Pradesh. 3) To direct the respondents to invite the applications from the farmers who are in deep financial trouble due to crop fail and take necessary measures to solve their problems to prevent farmers suicides. 4) To direct the respondents to implement The National Commission on Farmers report given by the Sri.M.S.Swaninathan, Chairman for The National Commission on Farmers to prevent farmer's suicides.

¶32

Counsel for the Petitioner	: Sri Y. Balaji
Counsel for Respondent No.1	: Sri B. Narayana Reddy, Asst. Solicitor General
Counsel for Respondent Nos.2 & 4	: Spl. Govt. Pleader for the State of Telangana
Counsel for Respondent Nos.3 & 5	: Advocate General (AP)
Counsel for Respondent No.6	:
Counsel for Respondent Nos.7 & 8	: Smt. B. Rachna

¶33

PIL .No: 332 of 2015

¶34

Between:

¶35

1 Donthi Narasimha Reddy S/o.Nagi Reddy Aged about 57 years, Occ: Social Worker R/o. Flat No.201, Aarathi Residency, Laxrninagar Colony, Saidabad, Hyderabad.

¶36

2 Mudireddy Kodanda Reddy S/o. Late Ram Reddy Aged about 73 years, Occ: Agriculture R/o. Yacharam Village and Mandal, Ranga Reddy District.

¶37

..... Petitioners

¶38

AND

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1 The State of Telangana, Rep. by its Principal Secretary, Agriculture and Cooperation (Agri. II) Department, Secretariat, Hyderabad.

¶40

2 The Commissioner and Director of Agriculture, Government of Telangana, Hyderabad.

¶41

3 The Union of India, Rep. by its Under Secretary, Ministry of Agriculture and Farmers Welfare, Krishi Bhawan, Rajendra Prasad Road, New Delhi-110001.

¶42

.....Respondents

¶43

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a Writ or order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not taking special measures for preventing the farmers suicides in the State of Telangana by waiving the crop loans/gold loans of the farmers up to a sum of Rs.1-00 lakh in onetime settlement per farmer family in the State of Telangana in pursuance of G.O.Rt.No.69 dated: 13.08.2014 as bad arbitrary, illegal and unconstitutional and consequently direct the respondents to take immediate steps for waiving the crop loans/gold loans of the farmers up to a sum of Rs.1-00 lakh in onetime settlement per farmer family in the State of Telangana in pursuance of G.O.Rt.No.69 dated: 13.08.2014 and also to implement the recommendations made by the National Commission on Farmers headed by Prof. M.S. Swaminathan.

¶44

Counsel for the Petitioners : Sri C. Damodar Reddy Counsel for Respondent Nos.1 & 2 : Spl. Govt. Pleader for the State of Telangana Counsel for Respondent No.3 : Sri B. Narayana Reddy, Asst. Solicitor General

¶45

These petitions coming on for hearing, upon perusing the Petitions and the affidavits filed in the above PILs and orders of the High Court, dated 21-12-2015, 0112-2015 & 04.01.2016, 15.2.2016, 10.3.2016, 31.3.2016 made herein and upon hearing the arguments of the learned Advocate General (AP), Mr. S. Sharath Kumar, learned Special Government Pleader (TS), the Court made the following:

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ORDER:

¶47

Heard learned counsel for the parties.

¶48

So far, learned counsel for the petitioners and the petitioner-inperson have not furnished list of the families of the farmers who have committed suicide and have not received any benefits, as per our order dated 31.03.2016. They say that within a period of one week, they will furnish the list to Sri.Sarath, learned Special Government Pleader and will also place a copy thereof on record. Their statements are accepted.

¶49

It is needless to mention that Sri.Sarath, through appropriate agency shall verify whether the families of the farmers whose names appear in the list have received benefits and file affidavit to that effect on the next date.

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Stand over to 20.06.2016.

¶51

ASSISTANT REGISTRAR

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//TRUE COPY//

¶53

For ASSISTANT REGISTRAR

¶54

¶55

1 The Chief Secretary, State of Telangana, Secretariat Buildings, Hyderabad. (By Spl. Messenger)

¶56

2 The Secretary, Department of Agriculture & Cooperation, Union of India, New Delhi. (By RPAD)

¶57

3 The Principal Secretary, General Administration Department, State of Telangana, Secretariat of Telangana, Hyderabad. (By Spl. Messenger)

¶58

4 The Principal Secretary, General Administration Department, State of Andhra Pradesh, A.P. Secretariat, Hyderabad. (By Spl. Messenger)

¶59

5 The Principal Secretary, Department of Agriculture, State of Telangana, Telangana Secretariat, Hyderabad. (By Spl. Messenger)

¶60

6 The Principal Secretary, Department of Agriculture, State of Andhra Pradesh, A.P. Secretariat, Hyderabad. (By Spl. Messenger)

¶61

7 Professor M. Kodandaram S/o Late M. Janardhana Reddy, Honorary President, Telangana Vidhyavanthula Vedika (part of TJAC), R/o 12-13-578, Nagarjuna Nagar, Tarnaka, Secunderabad - 500 017. (By RPAD)

¶62

8 Lopelly Jalapathi Rao, S/o Lopelly Gopal Rao, Retired Professor from ANGR Agriculture University (ANGRAU), Telangana Rythu Joint Action Committee (JAC), C 305, Magnum opus, Gachibowli, Hyderabad - 500 032. (By RPAD)

¶63

9 Nalabothu Suresh Babu, S/o. Murahari Rao, R/o. Venkatapuram (v), Penuganjiprolu (Mandal), Krishna District. (By RPAD)

¶64

10 The Principal Secretary, Agriculture and Cooperation (Agri. II) Department, State of Telangana, Secretariat, Hyderabad. (By Spl. Messenger)

¶65

11 The Commissioner and Director of Agriculture, Government of Telangana, Hyderabad. (By Spl. Messenger)

¶66

12 The Under Secretary, Ministry of Agriculture and Farmers Welfare, Union of India, Krishi Bhawan, Rajendra Prasad Road, New Delhi-110001. (By RPAD)

¶67

13 One CC to Sri Pakala Srihari Rao, Party-in-Person (OPUC)

¶68

14 One CC to Sri Y. Balaji, Advocate (OPUC)

¶69

15 One CC to Sri C. Damodar Reddy, Advocate (OPUC)

¶70

16 One CC to Sri B. Narayana Reddy, Asst. Solicitor General, High Court of Judicature at Hyderabad.

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17 Two CCs to the Advocate General (State of A.P.), High Court of Judicature at Hyderabad. (OUT)

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18 Two CCs to the Addl. Advocate General (State of Telangana), High Court of Judicature at Hyderabad. (OUT)

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19 Two CCs to Sri S. Sharath Kumar, Spl. G.P. (TS), High Court of Judicature at Hyderabad. (OUT)

¶74

20 Two CCs to Sri Ramesh, Spl. G.P. (AP), High Court of Judicature at Hyderabad. (OUT)

¶75

21 Two CCs to the G.P. for GAD (Telangana), High Court of Judicature at Hyderabad. (OUT)

¶76

22 Two spare copies.

TRk

HIGH COURT

HACJ & PNR,J

DATED: 18.4.2016

NOTE: Stand over to 20.6.2016

¶82

ORDER

¶83

PIL .No: 315 of 2014, PIL .No: 279 of 2015 AND

¶84

PIL .No: 332 of 2015

¶85

DIRECTION

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HIGH COURT

¶87

Drafted by: TRk Date of Drafting : 20.4.2016

¶88

HACJ & PNR,J

¶89

DATED: 18.4.2016

¶90

NOTE: Stand over to 20.6.2016

¶91

ORDER

¶92

PIL .No: 315 of 2014, PIL .No: 279 of 2015 AND PIL .No: 332 of 2015

¶93

DIRECTION

Pakala Srihari Rao, Secunderabad v. Chief Secretary, State of Telangana, Hyd and Another

Case brief

What is this about?

What did the court decide?

Pakala Srihari Rao, Secunderabad v. Chief Secretary, State of Telangana, Hyd and Another

Case brief

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What did the court decide?

What the court decided

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