Telangana Dhor Samaj vs The State Of Telangana
2025 Latest Caselaw 2431 Tel

Telangana High Court

Telangana Dhor Samaj vs The State Of Telangana on 20 February, 2025

Author: T. Vinod Kumar

Bench: T. Vinod Kumar

      THE HON'BLE SRI JUSTICE T. VINOD KUMAR

               WRIT PETITION No.5086 of 2025

ORDER:

This Writ Petition is filed with the following prayer:

" .... Directing the respondent Nos.1 and 2 following the representation dated 10-02-2025 of petition to furnish a certified copy of the report of (1) One -Man Commission headed by Hon'ble Justice (Retired) Shameem Akhtar Report and (2) certified copy of the Resolution passed by the Telangana Sate Assembly on 04-02-2025 acknowledging the recommendations of One- Man Commission's report...."

2. Heard learned counsel for petitioner, learned Additional

Advocate General appearing on behalf of respondent Nos.1, 2 and

4 to 6, and perused the record.

3. When the matter is taken up for hearing, learned counsel for

the petitioner submits that the petitioner apprehends that the State

by accepting the Report submitted by the One Man Commission

appointed under G.O.Ms.No.8 SCD (POA.A2) Department dated

11-10-2024 may implement the recommendations in relation to

sub-classification of Scheduled Castes claiming as implementing

the judgment of the Apex Court in Civil Appeal No.2317 of 2011

dated 01-08-2024, thereby affecting petitioner's rights.

4. However, it is settled position of law that on mere

apprehension, a Writ Petition cannot be maintained as held by the

High Court of Jammu & Kashmir and Ladakh in Farooq Ahmad

Bhat and others Vs. UT of J& K 1, wherein referring to the

decision of the Apex Court in the case of Adi Saiva

Sivachariyargal N.Sangam Vs. Govt. of Tamil Nadu & Anr 2 it

has been held as under:

" 7. It is settled proposition of law that no writ petition can be filed on mere apprehension or without any cause of action which admittedly has not been accrued in the present case and thus the present petition, in the light of the aforesaid facts and circumstances is not maintainable and is liable to be dismissed."

5. The submissions made on behalf of the petitioner itself

would show that the present Writ Petition is filed on mere

apprehension, and it is settled position of law that on a mere

apprehension a Writ Petition cannot be filed and maintained, unless

it is shown that petitioner's rights are being affected either on

MANU/JK/0033/2023

(2016) 2 SCC 725

account of non-consideration of its case or authorities acting

arbitrarily.

6. Inasmuch as none of the above mentioned aspects are

attracted to the facts of the case, the present Writ Petition as filed

on mere apprehension cannot be considered by this Court.

7. Therefore, the Writ Petition as filed fails and it is

accordingly dismissed. No costs.

8. As a sequel, miscellaneous petitions, if any, pending shall

stand closed.

___________________ T. VINOD KUMAR, J Date: 20.02.2025 Vsv