Sherla Saritha v. The State Of Telangana And 3 Others

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 12586 of 2020 ORDER:

This Writ Petition is filed seeking a mandamus to declare the inaction of the 4th respondent in considering the Application of the petitioner for issuing caste certificate, in conformity with the order dated 24.05.2016 issued by the Hon'ble Collector and District Magistrate and the order of this Court in Writ Petition No. 7176 of 2019, dated 04.04.2019, as illegal and arbitrary. The petitioner claims to be belonging to SC community of Beda caste (Budaga Janga). It is her case that similar surname (Serala) was determined to be belonging to SC community by the Collector vide proceedings dated 24.05.2016 of the District Collector. In spite of the same, the petitioner's Application is not processed, hence, she prays a mandamus.

Learned counsel for the petitioner submits that vide order dated 04.04.2019 in Writ Petition No. 7176 of 2019, this Court, as a matter of fact, had directed to examine / dispose of the representation of the petitioner dated 01.11.2018 submitted through mee-seva to renew the caste certificate already issued as expeditiously as possible, at any rate, within six weeks from the date of receipt of a copy of the said order. In spite of the same, no action has been taken by the respondents, complains the learned counsel.

Detailed counter-affidavit is filed stating that the petitioner is not entitled for issuance of SC certificate, details of which have not been mentioned in the present Writ Petition, as, there is a procedure prescribed under the Telangana (SC, ST & BCs)

Regulation of Issue of Community Certificates Act,1993 of causing inquiry taking into consideration various material that is to be placed before the authority. There being no dispute, at this point of time, that no order has been made so far, the 4th respondent Tahsildar is directed to process the Application /representation of the petitioner within four weeks from today and pass necessary orders thereon. The 4th respondent shall bear in mind that he is liable to face prosecution under the Contempt of Courts Act for violating the order in Writ Petition No. 7176 of 2019 dated 04.04.2019, wherein this Court had already directed to dispose of the Application of the petitioner within six weeks. Since there is no denial of the order having been received by the respondents, necessary steps shall also be taken if the order has not been complied with.

Subject to the above, the Writ Petition is disposed of. No costs.

Miscellaneous Petitions, if any stand closed. ----------------------------------- CHALLA KODANDA RAM, J 12th November 2020 ksld

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.29057 of 2019 07th January, 2020 ksm