Mis. Reddy Ramya Sai Bhavani v. The M.R.O,

THE HON'BLE SRI JUSTICE M. SEETHARAMA MURTI Writ Petition No.8451 of 2018 ORDER:

This writ petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking verbatim the following relief: '...to issue writ, order or direction more particularly one in the nature of writ of mandamus to declaring the endorsement in Lr.Rc.No.G/869/2017, dt:30/3/2017 rejecting the claim of the petitioner to issue other Backward Class Certificate as illegal, arbitrary and contrary to law and consequently direct the 1st respondent to issue OBC Certificate to the petitioner belongs to Thurupu Kapu Community OBC in Sl.No.90 in the OBC List and grant such other relief or reliefs as are deemed fit and proper in the circumstances of the case.'

I have heard the submissions of Sri K. Durga Prasad, learned counsel appearing for the petitioner, of the learned Government Pleader for Revenue appearing for the respondents 1 to 3 and of the learned Government Pleader for Social Welfare appearing for the respondents 4 to 6. I have perused the material record.

Learned counsel for the petitioner, while reiterating the pleaded case of the petitioner, drew the attention of the Court to the contents of the endorsement, dated 02.03.2018, of the Tahasildar, Bhimavaram Mandal, and the letter in Lr.Rc.No.G/869/2017, dated 30.03.2017, of the 3rd respondentDirector, B.C. Welfare Department, Tadigadapa, Vijayawada, and urged that in the revised list of Other Backward Class (OBC) categories, Thurupu Kapus of Srikakulam, Vizianagaram and Visakhapatnam Districts, who are subject to social customs of divorce and re-marriage among their women, are included and that though the petitioner is presently at Bhimavaram, she and her

ancestors hail from Srikakulam and, therefore, she is eligible for OBC certificate and that, therefore, the Tahasildar instead of rejecting her request ought to have issued the OBC certificate.

Learned Government Pleader for Social Welfare, while bringing to the notice of the Court the list enclosed to the letter, would submit that if the contention of the petitioner is that she belongs to Srikakulam, she may approach the officer concerned of Srikakulam District by making necessary representation with supporting documents for granting the necessary certificate.

Learned counsel for the petitioner, in reply, submits that the Tahasildar, Santhakaviti Mandal of Srikakulam District already made enquiries and received information which is favourable to the petitioner. Recording the submissions, the Writ Petition is disposed of reserving liberty to the petitioner to approach the competent officer of Srikakulam District for issuance of OBC certificate. In the event the petitioner makes an application with supporting documents, the officer concerned shall consider and dispose of the same within three (03) weeks from the date of receipt of such application, however, in strict accordance with the procedure established by law.

There shall be no order as to costs.

Miscellaneous petitions pending, if any, shall stand closed. __________________________ M. SEETHARAMA MURTI, J 23.03.2018 Note: Issue CC by 24.03.2018.

[B/o] Vjl