IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAGESH BHEEMAPAKA
Kathi Swamy – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. action treating villages as scheduled areas is contested. (Para 1 , 3) |
| 2. respondent's counterclaims challenge petitioner's non-compliance. (Para 4 , 5) |
| 3. court emphasizes procedural errors do not nullify the inclusion. (Para 6 , 7 , 8 , 9) |
| 4. writ petition dismissed; procedural flaws and delay cited. (Para 10 , 11) |
ORDER :
1. This Writ Petition is filed to declare the action of the Respondent-Authorities treating Gudur and Ayodhyapuram Revenue Villages of Gudur Mandal, Mahabubabad (wrongly typed as Mahmubabad) District as Scheduled Area Villages is illegal and contrary to Scheduled Areas (Part-B States) Order of 1950. Consequently, a direction is sought to respondents to treat Gudur and Ayodhyapuram Revenue Villages of Gudur Mandal, Mahabubabad District as non-Scheduled Areas in view of non-mentioning of these two villages as scheduled area villages in Narsampet Taluq in the Presidential Notification (Part-B States) Order 1950, dated 07.12.1950.
2. Originally, the Writ Petition was instituted against 11 respondents. Later Respondents 12, 13 and 14 were impleaded as per Court Order dated 30.07.2025 in IA No. 2 of 2025.
3. The case of petitioners, in brief, is that they
The legitimacy of administrative classifications must be challenged timely; clerical errors do not invalidate established orders regarding Scheduled Areas.
The Notification bifurcating Panchayats complied with legal requirements, affirming that restructuring aligns with constitutional mandates without necessitating Presidential assent as per the relevan....
The Act 1905 is applicable to the Scheduled Areas and can be used for eviction of illegal encroachments by non-tribal persons.
(1) Non-Tribals have right to settle down in a Scheduled Area.(2) Any person eligible to vote who is ordinarily residing in Scheduled Area has a right to vote even if he is a non-tribal.
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