Inapurapu Suryanarayana v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.19529 OF 2017 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, came to be filed seeking to declare the inaction of the second respondent in concluding the enquiry on the written complaint dated 17.07.2015 given by the petitioner, as illegal and arbitrary. Heard the learned counsel for the petitioner and learned Assistant Government Pleader for Social Welfare and Revenue. With their consent, the Writ Petition is disposed of at the stage of admission itself.

The averments made in the affidavit filed in support of the writ petition would show that on 17.07.2015, the petitioner made a written complaint before the second respondent stating that one Smt.Pothumudi Sesharatnam, who originally belongs to B.C. community, was issued a certificate stating that she belongs to Scheduled Caste Community vide Community, Nativity & Date of Birth Certificate dated 28.02.2014. Hence, he sought for cancellation of the said certificate. Alleging inaction on the part of the second respondent in acting on his complaint, the present Writ Petition is filed.

Though various grounds are raised in the writ petition, the learned counsel for the petitioner submits that the second respondent had failed to pass an order on the complaint made by the petitioner within the period specified under Statute.

Learned AGP for Social Welfare submits that though written instructions are received from the third respondent, the same are silent on the issues raised in the writ petition. In fact, the written instructions submitted before this Court nowhere refer to the reasons for the delay in dealing with the complaint made by the petitioner on 17.07.2015. Having regard to the above, without going into the merits of the case, the Writ Petition is disposed of directing the second respondent to deal with the complaint made by the petitioner on 17.07.2015 and pass appropriate orders thereon, in accordance with law, at the earliest, preferably within a period of four weeks from the date of receipt of a copy of this order. A copy of the order shall be communicated to the petitioner.

Miscellaneous petitions pending in this writ petition, if any, shall stand closed. No costs.

________________________ C. PRAVEEN KUMAR, J 19.06.2017 sur