Telangana High Court
Muddaboina Ravi vs The Pasra Grampanchayat And 4 Others on 16 June, 2022
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR
WRIT PETITION NO.22293 OF 2022
ORDER:
This Writ Petition is filed seeking a writ of mandamus to declare the action of the first respondent in not taking steps for allotment of shops in the shopping complex of Pasra Gram Panchayat to the Scheduled Tribes, as per the resolution of PESA Gramasabha dated 13.10.2020 in spite of the representation of the petitioner dated 02.03.2022, as illegal and arbitrary and contrary to the judgment of the Apex Court in Samata v. State of A.P.1 and the judgment of this Court in Adarsha Adivasi Mahila Samiti v. Agent to Government2.
2. Heard learned counsel for the petitioner and learned Government Pleader for Panchayat Raj appearing for the respondents.
3. This matter came up on 08.06.2022 and the same was adjourned to enable the learned Standing Counsel to get instructions in the matter. Today, when the matter is taken up, learned Standing Counsel placed before this Court the minutes of the meeting dated 13.03.2022, which was taken place between the Sarpanch and other members of the Gram 1 (1997) 8 SCC 191 2 2003(5) ALT 287 2 MSK,J W.P.NO.22293 OF 2022 Panchayat and the persons, who are now running the shops in the shopping complex in question. It is further submitted that all the shop holders, who are running shops in the said commercial complex and belonging to the non-Scheduled Tribe, have agreed to vacate the shops within a period of six months and once the said persons vacate the shops, the same would be allotted to the Scheduled Tribes, as required under law.
4. Placing the said submission and the minutes of the meeting dated 13.03.2022 on record, this Writ Petition is disposed of directing the respondents to allot the shops in the shopping complex to the Scheduled Tribes, as decided in the minutes of the meeting dated 13.03.2022 and the resolution of PESA Gramasabha dated 13.10.2020.
There shall be no order as to costs. Miscellaneous applications, if any, pending shall stand closed.
_____________________________________ (MUMMINENI SUDHEER KUMAR, J) 16th June 2022 RRB