The determination of whether a specific area is a 'scheduled area' is a factual finding and cannot be adjudicated within the scope of a writ petition under Article 226 of the Constitution of India.

O R D E R

This Writ Petition has been filed seeking a Writ of Mandamus declaring the action of the Respondent Nos.1 to 5 in continuing the Malkapalli Grampanchayat, Kasipet Mandal, Mancherial District as scheduled area Grampanchayat contrary to the revenue records as illegal, arbitrary, unjust and discriminatory and consequently to direct the Respondent Nos.1 to 4 to pass appropriate orders on the proposal sent by the respondent No.5 vide letter No.M2/21/2025, dated 28.08.2025 to convert Malkapalli Grampanchayat as non-scheduled area and to pass such other order or orders.

2. Brief facts leading to the filing of the present writ petition are that the petitioner claims to be a resident of Malkapalli Village, Kasipet Mandal and belongs to B.C-D community. The petitioner aspired to contest in the Grampanchayat elections as Sarpanch. It is submitted that Malkapalli village was always general plain area, but, in the year 1993 it was reserved for Scheduled Castes for the purpose of local body elections and in the year 2001, it was changed to Scheduled Tribes- reserved category, subsequently it was bifurcated into Malkapalli, Rottepally and Thirmalapur villages in the year 2018. It is submitted that while bifurcating the said village, the Rottepally village was declared as agency area and Thirmalapur and Malkapalli villages were declared as non-agency areas, since, the Scheduled Tribes population was reduced to a minority.

3. In view of the above, a representation dated 10.06.2018 was submitted to respondent No.9, requesting him to convert the Malkapalli Grampanchayat as general plain area. Another representation dated 05.01.2019 was also submitted. However, the grievance of the petitioner is that though the revenue authorities declared the Malkapalli village as non-agency area, the respondent Nos.1 to 5 did not choose to convert the same and the respondent No.5 prepared a list of Grampanchayats of Kasipet Mandal, Mancherial District by making Malkapalli village as agency area. In view of the same, the petitioner submits that he is unable to contest the elections for the post of Sarpanch. It is submitted that when the same was brought to the notice of the Member of Legislative Assembly, Bellampally, he addressed a letter dated 08.02.2025 to respondent No.2, requesting the Commissioner, PR&RD, Government of Telangana to consider the request favourably and to initiate necessary steps to relocate Malkapalli Grampanchayat to the plain area. It is submitted that respondent No.8 issued a certificate dated 07.03.2025 declaring the Malkapalli village as non-agency area/plain area. It is also submitted that respondent No.5 also sent proposals to respondent No.3 vide letter dated 28.08.2025 requesting him to convert Malkapalli village as non-scheduled area. Since the Grampanchayat elections were fast approaching and no steps were taken by the respondents in converting Malkapalli village as non-agency area/plain area, the present writ petition has been filed.

4. The respondent No.4 has filed a counter affidavit stating that according to memo No.11635/Pts.III/A2/2018-1, dated 11.12.2018, issued by the Principal Secretary to Government(FAC), Panchayat Raj and Rural development, if a scheduled Gram Panchayat, which is an Agency area, is bifurcated into two Gram Panchayats, both the Gram Panchayats will retain same character after bifurcation. It is also stated that the Gram Panchayat of Malkapalli and Rottepally were part of a scheduled area Gram Panchayat prior to bifurcation and therefore it is not possible to declare Malkapalli Gram Panchayat as non-scheduled area by responden