Telangana High Court
Sarojinidavi Sama Bhavana Sangam vs The State Of Telangana on 26 December, 2023
Author: Surepalli Nanda
Bench: Surepalli Nanda
HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
FRIDAY , THE TWENTY EIGHTH DAY OF NOVEMBER
TWO THOUSAND AND FOURTEEN
:PRESENT:
THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR
WP .NO:37280 of 2014
Between:
Sarojinidavi Sama Bhavana Sangam Thadakamalla Village, Rep its 1st
Leader/authorized person, B. Mangamma W/o. Satyanarayana, Aged; 40
years R/o. Thadakamalla Village, Miryalaguda Mandal, Nalgonda District.
..... Petitioner
AND
1 The State of Telangana Rep by its Prl Secreatary, SCHOOL
EDUCATION,
Secretariat; Hyderabad.
2 The District Collector, Nalgonda Dist., At: Nalgonda.
3 The District Educational Officer Nalgonda at Nalgonda
4 The Revenue Divisional Officer, Miryalaguda., At : Miryalaguda,
Nalgonda
District
5 The Tahasildar Miryalaguda Revenue Mandal, Nalgonda District.
6 The Mandal Educational Officer Miryalaguda at Miryalaguda
7 The Station House Officer Miryalaguda Rural Police station.
8 The Head Master, MPP School, Thadakamalla Village, Miryalaguda
Mandal,
Nalgonda District.
9 Mishinimentla Ramulamma W/o. Kanakaiah; Thadakamalla Village,
Miryalaguda Mandal, Nalgonda District.
10 Meka Ramana W/o. Saidulu; Thadakamalla Village,
Miryalaguda Mandal, Nalgonda District.
11 Reddymalia Saidamma W/o. Lakshmaiah; Thadakamalla Village,
Miryalaguda Mandal, Nalgonda District.
12 Reddymalla Yesumani W/o. Sahadevulu Thadakamalla Village,
Miryalaguda Mandal, Nalgonda District.
13 Goli Ramulamma W/o. Srinu Thadakamalla Village, Miryalaguda
Mandal,
Nalgonda District.
14 Chevigani Saidamma W/o. Venkanna R/o. Thadakamalla Village,
Miryalaguda Mandal, Nalgonda District
15 Naraboina Jayamma W/o. Atchaiah Thadakamalla Village,
Miryalaguda
Mandal, Nalgonda District.
16 Bairu nagamma W/o. Janaki Thadakamalla Village, Miryalaguda
Mandal,
Nalgonda District.
17 Devaraya Alivelu W/o. Venkanna Thadakamalla Village, Miryalaguda
Mandal, Nalgonda District.
18 Pajjuri saidamma W/o. Ramaiah Thadakamalla Village, Miryalaguda
Mandal, Nalgonda District.
19 Rachuri Nagamma W/o. Nagaiah Thadakamalla Village, Miryalaguda
Mandal, Nalgonda District.
20 Madugula Padma W/o. Bixam Thadakamalla Village, Miryalaguda
Mandal,
Nalgonda District.
21 Alijerla Sarojamma W/o. Saidaiah Thadakamalla Village, Miryalaguda
Mandal, Nalgonda District.
22 Madugula kashamma W/o. Pullaiah Thadakamalla Village, Miryalaguda
Mandal, Nalgonda District.
23 Goli Jayamma W/o. Venkanna, Thadakamalla Village,
Miryalaguda Mandal, Nalgonda District.
.....Respondents
Petition under Article 226 of the Constitution of India praying
that in the circumstances stated in the affidavit filed herein, the High Court
may be pleased to issue a writ order or direction more particularly one in
the nature of Writ of Mandamus, by declaring the action on the part of the
respondent authorities in not taking any steps for implementation of the Mid
Day Meal Scheme by providing suitable protection to the petitioner to
discharge the cooking agencies in the 8th respondent school, as being
illegal and arbitrary and contrary to the instructions issued by the 2nd
respondent dt. 18.7.2012 bearing Procs. No. 8646/A7/2012 and
consequently direct the respondent authorities to provide suitable protection
to the petitioner for implementation of the Mid Day Meal Scheme in the 8th
respondent school,.
The petition coming on for hearing, upon perusing the
Petition and the affidavit filed in the writ petition and upon hearing the
arguments of SRI CHALLA SRINIVASA REDDY, Advocate for the
Petitioner, AGP for Education for Respondent Nos.1,3,6 & 8, AGP for
Revenue for Respondent Nos.2,4 & 5 and of AGP for Home for
Respondent No.7, the Court made the following.
ORDER:
Petitioner is the mid day meal operator operating in different centres. It is stated that they are working as mid-day meal operators for over ten years and only recently the private party respondent Nos. 9 to 23 are obstructing them from executing the work as mid-day meal operators. Petitioner also states that it has filed appropriate request before the Collector, the Revenue Divisional Officer, and the Sub-Inspector of Police, on 20.11.2014 seeking protection from unauthorized obstruction. Since no action is taken by any of the authorities, the present writ petition is filed.
This court considered similar situation in W.P.No.25183 of 2011 and passed an interim order in WP MP No.30982 of 2011, dated 29.11.2011.
Hence, there shall be a similar interim order in this case also, which is as follows:-
"Since the petitioner claims to be operating mid-day meals scheme and respondent Nos.9 to 23 are allegedly preventing the petitioner from discharging the duties, respondent Nos.3 to 7 shall, therefore, ensure that petitioner's work as a mid-day meal operator is not obstructed by initiating appropriate action against third parties if there is any physical interference with the petitioner's work by them.
Learned AGP for Home, AGP for Revenue as well as AGP for Education, to file counter.
List after four weeks.
ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 The Prl Secreatary, SCHOOL EDUCATION, State of Telangana, Secretariat; Hyderabad.
2 The District Collector, Nalgonda Dist., At: Nalgonda. 3 The District Educational Officer Nalgonda at Nalgonda 4 The Revenue Divisional Officer, Miryalaguda., At : Miryalaguda, Nalgonda District 5 The Tahasildar Miryalaguda Revenue Mandal, Nalgonda District. 6 The Mandal Educational Officer Miryalaguda at Miryalaguda 7 The Station House Officer Miryalaguda Rural Police station. 8 The Head Master, MPP School, Thadakamalla Village, Miryalaguda Mandal, Nalgonda District.
9 Mishinimentla Ramulamma W/o. Kanakaiah; Thadakamalla Village, Miryalaguda Mandal, Nalgonda District. 10 Meka Ramana W/o. Saidulu; Thadakamalla Village, Miryalaguda Mandal, Nalgonda District. 11 Reddymalia Saidamma W/o. Lakshmaiah; Thadakamalla Village, Miryalaguda Mandal, Nalgonda District. 12 Reddymalla Yesumani W/o. Sahadevulu Thadakamalla Village, Miryalaguda Mandal, Nalgonda District. 13 Goli Ramulamma W/o. Srinu Thadakamalla Village, Miryalaguda Mandal, Nalgonda District.
14 Chevigani Saidamma W/o. Venkanna R/o. Thadakamalla Village, Miryalaguda Mandal, Nalgonda District 15 Naraboina Jayamma W/o. Atchaiah Thadakamalla Village, Miryalaguda Mandal, Nalgonda District.
16 Bairu nagamma W/o. Janaki Thadakamalla Village, Miryalaguda Mandal, Nalgonda District.
17 Devaraya Alivelu W/o. Venkanna Thadakamalla Village, Miryalaguda Mandal, Nalgonda District.
18 Pajjuri saidamma W/o. Ramaiah Thadakamalla Village, Miryalaguda Mandal, Nalgonda District.
19 Rachuri Nagamma W/o. Nagaiah Thadakamalla Village, Miryalaguda Mandal, Nalgonda District.
20 Madugula Padma W/o. Bixam Thadakamalla Village, Miryalaguda Mandal, Nalgonda District.
21 Alijerla Sarojamma W/o. Saidaiah Thadakamalla Village, Miryalaguda Mandal, Nalgonda District.
22 Madugula kashamma W/o. Pullaiah Thadakamalla Village, Miryalaguda Mandal, Nalgonda District.
23 Goli Jayamma W/o. Venkanna, Thadakamalla Village, Miryalaguda Mandal, Nalgonda District.(1 to 3 by RPAD)
24. Two CC to AGP for Education (TG), High Court, Hyderabad (OUT)
25. Two CC to AGP for Revenue (TG), High Court, Hyderabad (OUT)
26. Two CC to AGP for Home (TG), High Court, Hyderabad (OUT)
27. One CC to SRI CHALLA SRINIVASA REDDY, Advocate (OPUC) 28 One spare copy.
Tvr HIGH COURT VVAJ ORDER DATED: 28-11-2014 WP NO.37280 OF 2014 LIST AFTER FOUR WEEKS DRAFTED: TVR DATED"08-12-2014 HIGH COURT VVAJ ORDER DATED: 28-11-2014 WP NO.37280 OF 2014 LIST AFTER FOUR WEEKS