Telangana High Court
Sai Krishna Sama Bhavana Sangam vs The State Of Telangana on 3 January, 2024
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:37298 of 2014
Between:
Sai Krishna Sama Bhavana Sangam Tadalamalla Village, Rep its 1st
Leader/authorized person, G. Vimalamma W/o. Janiki Reddy,
Aged; 50 years Rio. Thadakamalla Village, Miryalaguda Mandal,
Nalgonda District.
..... Petitioner
AND
1 The State of Telangana Rep by its Prl Secretary, 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 Dist.
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 ZPPHS, Tadakamalla Village, Miryalaguda Mandal,
Nalgonda District.
9 Kudali Santhosha D/o. Bixamaiah; Tadalcamalla Village, Miryalaguda
Mandal, Nalgonda District.
10 Mogalicherla Tarakamma W/o. Maliaiah; Tadakamalla Village, Miryalaguda
Mandal, Nalgonda District.
11 Narsingu Lingamma W/o. Somaiah; Tadakamalla Village, Miryalaguda
Mandal, Nalgonda District.
12 Rythu Suramma Ramaiah; Tadakamalla Village, Miryalaguda Mandal,
Nalgonda District.
13 Narabolna Anthamma W/o. Lingaiah Tadakamalla Village, Miryalaguda
Mandal, Nalgonda District.
14 Donthosu Ramulamma W/o. Ramachari R/o. Tadakamalla Village,
Miryalaguda Mandal, Nalgonda District.
15 Kappala Padma W/o. Latchaiah Tadakamalla Village, Miryalaguda Mandal,
Nalgonda District.
16 Saini Janakamma W/o. Saidulu Tadakamalla Village, Miryalaguda Mandal,
Nalgonda District.
17 Mogilicherla Latchamma W/o. Pitchaiah Tadakamalla Village, Miryalaguda
Mandal, Nalgonda District.
18 Kappala Salamma W/o. Venkatalah Tadakamalla Village, Miryalaguda
Mandal, Nalgonda District.
19 Mogilicherla Danalakshmi W/o. Srinu, Tadakamalla 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 herein and upon hearing the arguments of SRI CHALLA
SRINIVASA REDDY, Advocate for the Petitioner, Assistant Government
Pleader for School Education for Respondent Nos.1,3,6, & 8, Assistant
Government Pleader for Revenue for Respondent Nos.2, 4 & 5 and of
Assistant Government Pleader 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 19 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, 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 19 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 Secretary, 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 Dist.
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 ZPPHS, Tadakamalla Village, Miryalaguda Mandal, Nalgonda District.
9 Kudali Santhosha D/o. Bixamaiah; Tadalcamalla Village, Miryalaguda Mandal, Nalgonda District.
10 Mogalicherla Tarakamma W/o. Maliaiah; Tadakamalla Village, Miryalaguda Mandal, Nalgonda District.
11 Narsingu Lingamma W/o. Somaiah; Tadakamalla Village, Miryalaguda Mandal, Nalgonda District.
12 Rythu Suramma Ramaiah; Tadakamalla Village, Miryalaguda Mandal, Nalgonda District.
13 Narabolna Anthamma W/o. Lingaiah Tadakamalla Village, Miryalaguda Mandal, Nalgonda District.
14 Donthosu Ramulamma W/o. Ramachari R/o. Tadakamalla Village, Miryalaguda Mandal, Nalgonda District. 15 Kappala Padma W/o. Latchaiah Tadakamalla Village, Miryalaguda Mandal, Nalgonda District.
16 Saini Janakamma W/o. Saidulu Tadakamalla Village, Miryalaguda Mandal, Nalgonda District.
17 Mogilicherla Latchamma W/o. Pitchaiah Tadakamalla Village, Miryalaguda Mandal, Nalgonda District.
18 Kappala Salamma W/o. Venkatalah Tadakamalla Village, Miryalaguda Mandal, Nalgonda District.
19 Mogilicherla Danalakshmi W/o. Srinu, Tadakamalla Village, Miryalaguda Mandal, Nalgonda District. (1 to 19 by RPAD)
20. Two CC to GP for School Education (TG), High Court, Hyderabad (OUT)
21. Two CC to GP for Revenue (TG), High Court, Hyderabad (OUT)
22. Two CC to GP for Home (TG), High Court, Hyderabad (OUT)
23. One CC to SRI CHALLA SRINIVASA REDDY, Advocate (OPUC)
24. One spare copy.
Tvr HIGH COURT VVAJ ORDER DATED: 28-11-2014 WP NO.37298 OF 2014 DIRECTION LIST AFTER FOUR WEEKS DRAFTED: TVR DATED: 08-12-2014 HIGH COURT VVAJ ORDER DATED: 28-11-2014 WP NO.37298 OF 2014 DIRECTION LIST AFTER FOUR WEEKS