I. Laxman S/O. Gowraiah v. The State Of Telangana Rep
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY THE FIRST DAY OF OCTOBER TWO THOUSAND AND FIFTEEEN PRESENT HONOURABLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION NO. 31955 OF 2015 Between:
I. Laxman ... Petitioner Vs.
The State of Telangana Represented by its Prl.Secretary, Social Welfare Department, Secretariat, Hyderabad & Ors. ... Respondents
Counsel for the Petitioner: Sri C. Naresh Reddy Counsel for the Respondents: GP for Social Welfare [TG] GP for Revenue [TG] The Court made the following: [order follows] HONOURABLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION NO. 31955 OF 2015 O R D E R :
This writ petition is filed under Article 226 of the Constitution of India for the following relief :
"To declare the order dated 19/09/2015 issued by respondent No.3 as illegal, arbitrary, unconstitutional and contrary to the provisions of A.P. [SC ST & BCs] Regulation of Issue of Community Certificates Act, 1993 and Rules 1997 and to direct the third respondent to issue Digital backward class community certificate to the petitioner as belonging to "Gandla" community and to grant such other suitable relief as this court deems fit and proper in the circumstances of the case."
2. Heard Sri C. Naresh Reddy, learned counsel for the petitioner, learned Government Pleader for Social Welfare for respondents 1 and 4 and the learned Government Pleader for Revenue for respondents 2 and 3.
3. It is submitted by the learned Government Pleaders that the petitioner herein belong to 'Reddy Gandla Community' but not 'Gandla' and as such he is not entitled for any relief from this court. It is also submitted by the learned Government Pleader that the Government issued memo to the said effect.
4. It is submitted by the learned counsel for the petitioner that the issue involved in the present writ is squarely covered by the orders of this court in WP.No. 17508 of 2015 dated 06/7/2015 and a copy of the same is placed on record along with the writ petition. In the case on hand also, the petitioner herein rely upon Community, Nativity and Date of birth Certificate bearing No. C/776/2010 dated 20/8/2010 issued by the Tahsildar, Kataram Mandal, Karimnagar district.
5. In the circumstances, there shall be a similar direction as in the above writ petition, which is as follows:
"Since the Community, Nativity and Date of birth Certificate issued by the Tahsildar, as mentioned above, are admittedly, still in force, the respondents, shall within two days from the date of receipt of a copy of this order, furnish the petitioner a digital copy of the said certificate. It is made clear that this order shall not preclude the respondents from initiating action under section 5 of the A.P. [SC ST & BCs] Regulation of issue of Community Certificates Act, 1993 for cancellation of the caste certificate in favour of the petitioner, if they are of the view that the said certificate is false."
6. With the above direction, the writ petition is disposed of. There shall be no order as to costs.
7. As a sequel, miscellaneous petitions if any, pending in this writ petition shall stand closed.
_____________________ JUSTICE A.V.SESHA SAI
01/10/2015 I s L HONOURABLE SRI JUSTICE A.V. SESHA SAI
WRIT PETITION NO. 31955 OF 2015
Date:01/10/2015 Circulation No.
Court Master: I s L