Uppari Eeshwaramma v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA : HYDERABAD MAIN CASE NO: W.P.No.1778 of 2023 PROCEEDING SHEET 01.

30.01.2023 HCJ & NTRJ W.P.No.1778 of 2023 Heard Mr.

Malugari Sudharshan, Transferred to i/o folder, before corrections, if any.

learned Government Pleader for Forest Department representing the petitioners.

Challenge made in this writ petition is to the order dated 28.11.2022 passed by the Telangana State Human Rights Commission in H.R.C.No.5012 of 2022.

From a perusal of the aforesaid order, it is seen that Telangana State Human Rights Commission has entered into dispute as to the ownership and possession of land which according to the petitioners are forest land and thereafter has called for report from various authorities, further restraining the respondents (petitioners herein) from interfering with the land of the complainants. Complainants were given liberty to lodge complaint before the police.

Since the order of the Telangana State Human Rights Commission has

been impugned, we deem it appropriate to direct impleadment of Telangana State Human Rights Commission as respondent No.4.

This Court has held on more than one occasion that Telangana State Human Rights Commission which is a creature of the statute being Protection of Human Rights Act, 1993 has to act within the four corners of the statute.

Section 12 of the Protection of Human Rights Act, 1993 lays down the functions of the Human Rights Commission. It is beyond the jurisdiction of the Telangana State Human Rights Commission to enter into private disputes or matrimonial disputes which is not contemplated under the Protection of Human Rights Act, 1993.

Issue notice.

Petitioners to serve the respondents through the Court process as well as through personal service and thereafter file proof of service.

In the meanwhile, there shall be stay of order dated 28.11.2022 as well as all further proceedings in H.R.C.No.5012 of 2022. That apart, if any consequential

steps have been taken pursuant to the order dated 28.11.2022 by any authority, including registration of FIR, that shall also remain stayed.

List on 03.04.2023.

_____________ HCJ _____________ NTRJ KL