Aram Raghunath v. State Of Telangana
HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.4921 OF 2019 Date: 12.03.2019 Between:
Atram Raghunath s/o. late Bapu Rao, Aged 42 years, occu: Ex-Sarpanch, Caste ST-Gond, r/o. H.No.1-16, Chanduri village, Utnoor Mandal, Adilabad district.
.....Petitioner and The State of Telangana, rep.by its Prl.Secretary, Revenue Department, Telangana Secretariat, Hyderabad and others.
.....Respondents The Court made the following:
HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.4921 OF 2019 ORDER:
Petitioner is aggrieved by the false Caste Certificate claimed to have been obtained by the unofficial respondent (6th respondent). Petitioner claims that he belongs to Scheduled Tribe community. However, on a reading of representation dated 01.02.2019, it is seen, petitioner alleges that 6th respondent contested the election to the Chanduri Gram Panchayat, Utnoor Mandal, Adilabad District, which is reserved for Scheduled Tribe Caste and got elected as Sarpanch though he does not belong to Scheduled Tribe caste, and the election should be set aside. Said representation was addressed to the District Revenue Officer. As prayer in the writ petition is to set aside the election of a Sarpanch, the District Revenue Officer is not competent to deal with such matters.
Aggrieved person has to avail remedy provided under Panchayat Raj Act against alleged illegal election of a person as Sarpanch. At this stage, counsel for petitioner submits that grievance of the petitioner is with reference to issuance of Caste Certificate. If that is so, petitioner has to avail remedy provided by the Andhra Pradesh (SC, ST and BCs) Regulations of Issue of Community Certificates Act, 1993. Thus, leaving it open to petitioner to work out his remedy provided by the Act, 1993, Writ Petition is dismissed.
Pending miscellaneous petitions shall stand dismissed.
___________________________ JUSTICE P.NAVEEN RAO Date: 12.03.2019 kkm
HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.4921 OF 2019 Date: 12.03.2019 kkm