Court order in W.P. No. 11543 of 1999
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD
(SPECIAL ORIGINAL JURISDICTION)
WEDNESDAY THE SEVENTH DAY OF JULY TWO THOUSAND AND FOUR
: PRESENT:
THE HON'BLE MR. DEVINDER GUPTA, CHIEF JUSTICE
AND
THE HON'BLE MS.JUSTICE: G.ROHIN1
W.P. No. 11543 of 1999
Between:
Sakti. a Voluntary Social Organisation, working for the upliftment of Tribals (Regd. No.76/85). Rampachodavaram East Godavari District, reptd. By its Director Dr. P.Sivaramaknshna. Petitione r
AND
1. State of A.P. : reptd. By its Chief Secretary to Govt., Govt. of A.P., Sectt Buildings , Hyderabad .
2. The District Collector & Agent to Govt., West Godavari Dist.. Eluru.
3. The Superintendent of Police, W.G.Dist, Eiuru.
4. The Dy. Superintendent of Police, (Task Force for Jeelugumilh Mdl..) Jangareddygudem, W.G.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 will be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS directing the first respondent:-
To appoint an officer, inspiring confidence in accordance with Sec. 21 of SC & ST (Prevention of Atrocities) Act 1989 for initiating prosecution for contravention of the provisions of the Scheduled Castes & Scheduled Tribes) ( Prevention of Atrocities) Act. 1989 and for ensuring safety to the STs residing in Jeeiugumtlli Buttayguaem Polavarara T.Narasapuram and Gopalapuram Mandals of W.G.Dist.
2. to provide adequate legal aid to the persons subjected to atrocities, to enable them to avail justice; and consequently declare that the peaceful agitation and awakening campaign of the petitioner organization and followed by S.Ts for restoration of lands belong to S Ts is in furtherance of the prevention of atrocities under SC & S^ (Prevention of Atrocities) Act. 1989.
The petition coming on for hearing, upon perusing the petition and the affidavit filed in support thereof and the order of the High Court dated.14-02-2001 and made herein and upon hearing the arguments of Mr.A.Ramalingeswara Rao. Advocate for the Petitioner and of G. P. for Home on behalf of the Respondents.
The Court made the following ORDER:
" This is a petition filed in public interest for the benefit of the tribals living in scheduled areas. One of the prayers made in the writ petition is to issue a writ of mandamus against the first respondent to appoint an officer as contemplated in clause (iv) of Sub-Section(2) of Section 21 of the Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for initiating or exercising supervision over prosecutions for the contravention of the provisions of the aforesaid Act and for ensuring safety to the scheduled tribes residing in Jeelugumilli. Buttayagudem, Polvaram, T. Narasapuram and Gopalapuram Mandals of West Godavari District.
There are counter affidavits filed on record.
On the other aspects raised by the petitioner in the petition, more particularly about certain incidents, in exercise of writ jurisdiction, ultimately, subject to the parties being heard on merits, it may not be a case for going into the factual aspects. But we would like to know from the respondents what they have to say on the petitioner's aforementioned prayer. For this, respondent No.1 must clear its stand in the light of the objective of the provisions of the Act.
Affidavit in reply to be filed within four weeks.
List after four weeks."
Sd/- K. Vivekanand
Assistant Registrar
//TRUE COPY //
for ASSIST ANT REGISTRAR
To
1 The Chief Secretary to Govt, Govt. of A.P.. Sectt Buildings , Hyderabad
2. The District Collector & Agent to Govt., West Godavari Dist., Eluru.
3. The Superintendent of Police.. W.G.Dtat., Eluru.
4 The Dy. Superintendent of Police, (Task Force for Jeelugumilli Mdl,,)
Jangareddygudem, W.G.District.
• Two CCs to G.P. for Home, High Court of A.P., Hyderabad . (By Spl. Messenger)
• Two spare copies.
• One CC to Sri A. Ramalingeswara Rao Advocate (OPUC) |
