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High Court for State of TelanganaWP/9907/2015disposed of no costs

Oruganti Anil, v. The State Of Andhra Pradesh Rep. By Its Principal Secretary

2015-04-08Challa Kodanda Ram3 pages

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.9907 OF 2015 ORDER:

This writ petition is filed by the petitioner challenging the action of the 3rd respondent-R.D.O in not issuing the Community/Caste Certificate to the petitioner pursuant to the report/enquiry made by the 4th respondent-Tahsildar in Rc.No.290/2014-A, dated 11.09.2014, inconsonance with the order of the 3rd respondent dated 05.09.2014, under the provisions of Section 3(1) of Act 16 of 1993. It is the case of the petitioner that he belongs to 'Kammara' community which falls under Schedule Tribe; that his forefathers are Blacksmiths by profession and they used to do Blacksmith works i.e., "Kolimi Pani" to eak out their livelihood. It is stated that the petitioner was selected for the post of Temporary Ticket Examiner in Commercial Department under ST quota and is required to produce a caste certificate as he belongs to ST Caste.

He submitted an application on 20.08.2014 to the 3rd respondent-Revenue Divisional Officer as well as to the 4th respondentTahsildar. Thereafter, the 3rd respondent being the competent authority had directed the 4th respondent to conduct an enquiry and submit a report with regard to the issuance of the caste certificate to the petitioner. Consequently, the 4th respondent had conducted an enquiry and submitted a report to the 3rd respondent on 11.09.2014 stating that the petitioner belongs to S.T community falling within the caste of 'Kammara'. Inspite of completing the enquiry by the respective subordinate officers of the 3rd respondent-RDO deciding that the petitioner belongs to the Kammara caste, no community certificate has been issued to the petitioner so far. Hence, the present writ petition.

Heard Sri V. Sai Kumar, learned counsel for the petitioner and the learned Assistant Government Pleaders for Social Welfare and Revenue. Considering the material placed on record and considering the fact that the 3rd respondent had already directed the 4th respondent to conduct an enquiry and complete the necessary process with regard to issuance of a Community Certificate to the petitioner, the writ petition can be disposed of with a direction to the 3rd respondent-RDO to take necessary steps to complete the entire process of enquiry

and issue the Community Certificate to the petitioner subject to his eligibility within a period of 30 days from the date of receipt of copy of this order. With the above direction, the writ petition is disposed of. Miscellaneous Petitions, if any pending in this writ petition shall stand closed. No order as to costs. ____________________________ CHALLA KODANDA RAM,J Date:08.04.2015.

Note:

Issue CC in 2 days.

B/o.

Gk.

HON'BLE SRI JUSTICE CHALLA KODANDA RAM

WRIT PETITION No.9907 OF 2015 Date:08.04.2015 Gk