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High Court for State of TelanganaWP/21464/2016disposed of no costs

Jannu Shiva Kumar v. The State Of Telangana,

2016-07-04Challa Kodanda Ram2 pages

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WIRT PETITION No.21464 OF 2016 ORDER:

This Writ Petition is filed seeking a Writ of Mandamus, to declare the proceedings bearing Rc.No.D3/Plg/1527/2015, dated 29.12.2015 issued by the 3rd respondent-District Collector-cumPresident, Telangana SC Co-operative Development Corporation, Warangal giving preference to certain categories in contravention and overriding the orders passed by the 1st respondent in G.O.Ms.No.20, dated 30.09.2015, as being illegal, arbitrary, unilateral and unjust.

The grievance of the petitioners is that under G.O.Ms.No.20, dated 30.09.2015 certain guidelines have been issued to encourage the Scheduled Caste community people to be self employed, the petitioners approached the Banks and the respective banks had considered and given consent for the petitioners to establish Footwear unit by the 1st and 3rd petitioners, Rexine Work Unit by the 2nd petitioner, Kirana and General Stores Unit by the 4th and 5th petitioners and Sound System & Decoration Unit by the 6th petitioner and the cost of the enterprises ranges from Rs.1,00,000/- to Rs.8,00,000/-. As a matter of fact, the petitioners were called by the 3rd respondent-District Collector for verification and scrutiny. However, though the entire process has been completed, except releasing the amount, 3rd respondent neither displayed their names in the list of selected beneficiaries nor in the rejected list. In contra to G.O.Ms.No.20, Dated 30.09.2015, 3rd respondent has issued the impugned proceedings bearing Rc.No.D3/Plg/1527/2015, dated 29.12.2015, overriding the

Government Orders and giving preference to certain categories as per his whims and fancies. Aggrieved by the impugned orders passed by the 3rd respondent, present writ petition is filed. Heard both the learned counsel.

Having considered the fact that the applications submitted by the petitioners have already been scrutinised and the respective bankers have already given their consent for establishment of their respective Units and especially in view of the fact that the applications submitted by the petitioners are pending with the 2nd respondent, without expressing any opinion on merits, this Writ Petition is disposed of with a direction to the respondent Nos.2 and 3 to consider the applications of the petitioners in releasing their funds subject to their eligibility and satisfying all other conditions as laid down in G.O.Ms.No.20, dated 30.09.2015.

Accordingly, the Writ Petition is disposed of. As a sequel, pending miscellaneous petitions, if any, shall stand closed. No order as to costs.

____________________________ CHALLA KODANDA RAM, J Dated: 04.07.2016 Ssv