Dismissed

Eerla Laxmi v. The State of Telangana

Telangana HC4 Mar 2025WP/24764/2024

Case brief

AI extract

What is this about?

Single judge disposed of a writ petition seeking remittance of Telangana Dalith Bandhu scheme funds. The court rejected the claim that the scheme was defunct and ordered the District Collector to determine liability within two weeks.

What did the court decide?

No order as to costs; winding up of miscellaneous petitions; direction to Third Respondent to consider grievance within two weeks.

Eerla Laxmi Vs The State of Telangana — Constitutional and Fundamental Rights | Telangana HC (2025)

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132521

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION NO:24764 OF 2024

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Between:

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Eerla Laxmi, Wo.Eerla Mondaiah, Aged about: 58 Years, Caste: S.C., Marital Status: Married Women, Occupation: Labour, Fl/o.H.No. 13-61, S.C. Colony, Kamalapur Village and Mandal,Hanumakonda Distri (Erstwhile Karimnagar District),Telangana, Pin - 505102.

...PETITIONER

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AND

The State of Telangana, Rep. by its Principal Secretary to Govemment, The Schedule Caste Development Department, Dr. B. R. Ambedkar Telangana State Secretariat, Hyderabad.

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Telangana Schedule Castes Co-Operative Development Corporation Limited, Rep. by its VC and Managing Director, 5th Floor, Damodaram Sanjivayya Samkshema Bhavan,Masabtank,Hyderabad.

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The District Collector, lntegrated District Offices Complex, Hanumakonda District, Telangana.

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

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The Mandal Parishad Development Officer^(M.P.D.O.), Kamalapur Mandal,Hanumakonda District,Telangana.

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...RESPONDENTS

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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 more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents^{in not remiting the} scheme amount to the^petitioner even after funds allocated^{and availablewith} respondents as sponsored through the department of SchedUled^Castes development under Telangana Dalith Bandhu Scheme to the^{listed beneficiaries} even after my name listed as beneficiary and discriminating by the^actionsof respondents only in remitting the mount Rs.9,90,0001by the respondents to their socially favorable persons and politically influenced/ suggested names^granted as of now under Telangana Dalith Bandhu Scheme is being discrimination

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compare to other beneficiary is arbitrary, unconstitutional and in violation of besides in violation of Fundamental accrued right to enforce, execute as main on operation of law to the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and also in violation of Article 14, 15,'16 and 21 of the ConStitution of lndia and consequently to the respondents to consider the representation dated 28-08-2024 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.

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lA NO: 1 OF 2024

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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.

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Counsel for the Petiiioner: SRI PONAMPELLI RAVI

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Counsel for the Respondent No.1 & 2: ASST. GP FOR SOCIAL WELFARE

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Counsel for the Respondent No.3: ASST. GP FOR REVENUE

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Counsel forthe Respondent No.4: SRI SABAVATSRINIVAS, SC FOR SC COOPERATIVE DEVELOPMENT CORPORATION LIMITED

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Counsel forthe Respondent No.5: SRI R. CHANDRASEKHAR REDDY, SC FOR MPDO

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The Court made the following: ORDER

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HON'BLE^{MRS JUSTICESUREPALLI NANDA}

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WRIT PETITION^{NO.24764OF 2024}

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ORD ER:

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Heard Sri^{Ponampelli Ravi, learned counsel} appearing on^{behalfof the petitioner, learned Assistant} Government^{Pleader for SC Development,appearing on} behalf of^{respondent Nos'1, and 2, learned Assistant} Government^{Pleaderfor Revenue, appearingon behalf} Sri Sabavat^{Srinivas, learned} of respondent^No.3, Standing Counsel^for S.C Co-Operative^Development Corporation^{Limitedand Sri R. Chandrasekhar ReddY,} learned Standing^{Counsel forMPDo, appearingon} behalf of resPondent^No.5.

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The petitioner^{filed the writ petitionseeking the} following relief^:

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" to issue a^{Writ, order or directionmore} particularly one in the^{natureof Writ of Mandamus} declaring the^{action of the respondents in not} remitting the^{schemeamountto the petitioner even} after funds allocated^{and available with respondents} as sponsored^{throughthe Departmentof Scheduled} Castes Development^{under Telangana DalithBandhu} Scheme to^{the listedbeneficiarieseven after name of} the^{petitioner i.e. Eerla Laxmi, listed as beneficiary}

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wP 24164 2024

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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 28O8-2O24 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..."-

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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.

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wP-24764 2;;;

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It is further the case^{of the petitionerthat petitioner's} name appeared^{in the final list of beneficiaries whichhad been} approved by the District^{Collector for release ofthe} sanctioned amounts^{into the special bank accountof the} petitioner which had been opened^{by the State Government} officials under^{the Welfare Programme through Union Bank of} India, Kamalapur^{Branch with AccountNo.32830201597633} and IFSC Code UBIN0532B35^{issued on 1.01'2023' It is} further case of the^{petitionerthat the petitionersubmitted} detailed representation^{dated 27.08.2024addressed to the} Respondent No.3^{requestingfor remittance of the fundas per} the petitioner's entitlement^{under the Telangana DalitBandu} Scheme in Union Bank^{of India amountwhich 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.

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Coun ter affidav it^{has been filed bvthe resDo nde nt} No.4 and in oarti lar Dara No.11 is extr cted hereu nder:

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wP )4764 2024

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"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".

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

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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

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wP 24164 2024

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Lr.No.P1l720/ CMDEP/20-.21^{of Telangana ScheduledCastes} Co-Operative Development^{Corporation, 5th Floor, DSS} Bhavan, Masab^{Tank, Hyderabad, and a bare perusalof the} same clearly indicates^{that orders had beenpassedfor the} enforcement of the^{balancegroundingwork of the Dalit Bandu} Programme. Therefore,^{the learned counsel appearingon} behalf of the^{petitionercontendsthat the petitioneris entitled} for the similar relief^{as prayed for in the present writ petition'}

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This Court opines^{that the plea of the 4th respondentas} put forth in the counter affidavit^{at paraNo' 11 that Dalit} Bandhu Scheme is not^{in existenceis 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 indicatesthat a requestis} made on behalf of the^{Collector/ President to the Manager,}

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wP 24164²⁰²⁴

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Union Bank of^{India, Kamalapurfor opening of bankaccount} for 34 new beneficiaries^{for the purpose of transfer of funds} into the said^{account underthe TelanganaDalithaBandhu} Programme at^{Huzurabad Constituencyand in the said list of} 34 new beneficiaries,^{the petitioner'sname figuresat Serial} No.16.

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I Ta inq rn con idera^ton: (a) The aforesaid^{facts and circumstancesof the}

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case,

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(b) The contents^of the petitioner's representation, dated^{27-O8,2O24addressedto the 3'd} respondent herein^{i.e. District Collector, Hanumakonda'}

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(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 TelanganaScheduled} Castes Co-Op. Development^{Corporation, Masab Tank,} Hyderabad,

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(d) The proceedings of the^{Collector/President.} DSCSCDS Ltd., Hanumakonda^{vide Rc.No'D/2O5/2021'} SC; Dt : 1O.01.2O23^{addressedto the Manager,Union} Bank of India,^{Kamalapur which clearly indicatesthe} petitioner's name at Serial^{No.16 as one ofthe} identified beneficiaries^{out of a list of 34new} beneficiaries after^{due enquiry as per due procedure,}

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The writ petition^{is disposed of directingthe 3'd} respondent herein to^{considerthe grievanceof 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,^{DistrictScheduled Castes} Service Co-Op.^{Development SocietyLimited,} Hanumakonda addressed to^{the Manager, UnionBank} of India, Kamalapur^{where petitioner'sname figuresat} Serial No.16 of the^{34 new beneficiaries list for release} of benefits under Telangana^{Dalit BandhuScheme at} Huzurabad Constit0ency^{and also letterdated}

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 petitioner,s 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, there shall be no order as to costs.

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Miscellaneous petitions, if any, pending in this Writ Petition, shall staLrd closed,

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SD.K.SRI:ERAMA MURTHY AS SIANT REGISTRAR

//TRUE COPY//

I 1;EC

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

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

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The District Collector, lntegrated District Offices Complex, Hanumakonda District, Telangana.

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

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