IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE MRS JUSTICE SUREPALLI NANDA
PESA Grama Sabha – Appellant
Versus
The State of Telangana – Respondent
WP 1052/2025
I N THE HI GH COURT FOR THE STATE OF TELANGANA AT HYDERABAD HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.1052 OF 2025 DATE: 06.05.2026 Between :
Pesa Grama Sabha rep. by its Secretary K. Ananda Rao … Petitioner A ND The State of Telangana, Rep. by its Principal Secretary, Tribal Welfare Department Secretariat Buildings, Hyderabad … Respondents
ORDER
Heard Sri T.V. Ramesh, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Social Welfare, appearing on behalf of respondent Nos.1, and 2, learned Assistant Government Pleader for Endowments, appearing on behalf of respondent Nos.3 and 4, Sri Ch. Satish Kumar, learned counsel appearing on behalf of respondent No.5, learned Assistant Government Pleader for Revenue, appearing on behalf of respondent No.6 and Sri R.Sushanth Reddy, learned counsel appearing on behalf of respondent No.8.
2. The petitioner approached the Court seeking prayer as under:
“…to issue a Writ, Order or Direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent No.4 in calling the application from the interested candidates for the appointment of Renovation Committee to the 5th Respondent temple vide of paper notification vide R.C.No.F4/12644/2024 dated 14.11.2024 by following the Memo No. 24543/Endts-II/A2/2024 dated 12.11,2024 issued by Respondent No.3 as illegal arbitrary, unjust against the Article 244(1) r/w Fifth Schedule of the Constitution of India and Telangana Scheduled Areas Land Transfer Regulation 1959 and set aside the same and pass...”.
3. The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present Writ Petition is as under:-
The respondent No.4 had given press notification in Telugu news daily of Mulugu District vide R.C.No.F4/ 12644/2024, dated 14.11.2024 in pursuance of the Memo No.2453/Endts-II/A2/2024, Dt.12.11.2024 issued by respondent No.4, inviting applications from the interested candidates for constitution of Renovation Committee to the respondent No.5/Temple. The said notification is overriding the constitutional provisions, Article 244(1) of the Constituti of India and Telangana Scheduled Areas Land Transfer Regulaton 1959 and the same is illegal and contrary to the
5th schedule of the Constitution of India.
It is further the case of the petitioner that subsequently, the respondent No.4 issued impugned notification in Telugu News Daily on 20.11.2024 and one of the members of the petitioner Grama Sabha had given representation dated 24.11.2024 requesting the respondent No.4 to stall the proceedings pursuant to the impugned notification and also requesting appointment of Trust Board with the local Scheduled Tribes only. The respondent No.3 is finalizing the Renovation Committee to the 5th respondent temple with non-tribes. Aggrieved by the action of the respondent No.4 in calling the applications from the interested candidates for the appointment of Renovation Committee to the 5th respondent temple, the petitioner had approached the Court by filing the present writ petition.
4. PERUSED THE RECORD (A) This Court passed interim order in W.P.No.1052 of 2025, dated 09.01.2025 in the present writ petition observing as under:
“Notice before admission.
Learned government Pleader for Tribal Welfare takes notice on respondent Nos.1, 2 and 7.
Learned Government Pleader for Endowments takes notice on respondent Nos.3 and 4 and seeks time to get instructions.
Learned Standing counsel for Endowments takes notice on respondent No.5.
Learned Government Pleader for Revenue takes notice on respondent No.6.
List on 20.01.2025.
Till such time, there shall be interim stay in all further proceeding in pursuance of the notification in R.C. No. F4/12644/
2024, dated 14.11.2024 issued by respondent No.4”.
The said interim order dated 09.01.2025 is in force as on date.
(B) The counter affidavit filed by Endowment Department i.e. Respondent No.5 herein and in pa
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