Smt. Shamshad Begum, v. The State Or Andhra Pradesh,

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.44429 OF 2016 ORDER:

The present writ petition is filed by the petitioner seeking to declare the inaction of the 1st respondent in passing orders on the stay application filed by the petitioner in Appeal No.2074/ F of 2016, aggrieved by the order, dated 09.11.2016, passed by the 2nd respondent, as illegal and arbitrary and consequently, direct the 1st respondent to pass orders on the stay application filed by the petitioner in Appeal No.2074/ F of 2016.

Heard and perused the material available on record. The case in brief is that the petitioner was elected as Sarpanch of Nandyalampet village in the year 2013. The 6th respondent made a representation before the 2nd respondent alleging that the petitioner contested as a Sarpanch of Nandyalampet village by obtaining bogus B.C-E certificate, though she belongs to OC community. The 2nd respondent called for a report from the 3rd respondent, and the 3rd respondent after conducing enquiry, submitted that the petitioner belong to 'Syed' Caste. Therefore, the 2nd respondent issued orders canceling the caste certificate of the petitioner vide order, dated 09.11.2016. Challenging the said order, the petitioner preferred an appeal before the 1st respondent along with a stay application. Learned counsel for the petitioner submitted that the 2nd respondent has not given any notice to the petitioner prior to passing orders, dated 09.11.2016, and the 6th respondent filed WP No.43053 of 2016 seeking implementation of the order of the 2nd respondent.

On the other hand, learned counsel for the 6th respondent fairly submitted that the order of the 2nd respondent, which is challenged before the 1st respondent suffers with infirmity since the 2nd respondent has not issued any notice to the petitioner prior to taking decision on the representation made by the 6th respondent.

Taking into consideration the submissions of both the learned counsel, this Court is inclined to pass the following order: The order, dated 09.11.2016, passed by the 2nd respondent is set aside and the 2nd respondent is directed to pass orders afresh on the representation made by the 6th respondent, after giving notice to the petitioner and after hearing both the parties, within a period of three

(3) months from the date of receipt of a copy of this order. The petitioner is also directed to approach the 2nd respondent and place her grievance during the enquiry to be conducted by the 2nd respondent. Accordingly, the Writ Petition is disposed of. No order as to costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________ RAJA ELANGO, J December 23, 2016 KTL