P.Subbarao v. The State Of Andhra Pradesh

THE HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.26672 OF 2017 ORDER:

This Writ Petition is filed questioning the inaction on the part of the 3rd respondent-Revenue Divisional Officer, Kakinada, in not issuing the caste certificate to the petitioner, even though the application of the petitioner has been pending from 2012 onwards. The averments in the writ affidavit are that petitioner is a retired government servant and drawing pension, having retired from the APGENCO. Petitioner desires to obtain a caste certificate, as he claims that he belongs to Konda Kapu community. As the petitioner is residing in Hyderabad, initially he approached Revenue Divisional Officer, Secunderabad Division, seeking for issuance of Caste Certificate.

Thereafter, on being apprised that such caste certificate cannot be granted at Secunderabad, as the petitioner originally belongs to Kakinada, he was advised to approach the concerned Revenue Divisional Officer. Accordingly, petitioner made an application to the 3rd respondent and in turn 3rd respondent directed the Tahasildar, Kakinada Urban to conduct enquiry in that regard. Though the enquiry was conducted and submitted a report by the Tahasildar, but no enquiry was concluded by the 3rd respondent. The grievance of the petitioner was also noticed by the District Collector, East Godavari District, Kakinada, who in turn directed the 3rd respondentRevenue Divisional Officer, vide proceedings dated 18.01.2013 to take necessary action on the application said to have been made by the petitioner on 27.08.2012 and on 31.12.

2012 requesting to issue Konda Kapu Caste Certificate.

taken by the 3rd respondent, the petitioner got issued remainders on 25.02.2013; 27.05.2013 and on 25.04.2016. However, there is no development in the matter. In those circumstances, petitioner approached this Court praying as stated above. The grievance of the petitioner being not processing of his applications alleged to have been made on 27.08.2012 and 31.12.2012 for issuance of ST (Konda Kapu) Caste Certificate, and in terms of Annexure-1 of Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulations of Issue of Community Certificates Act, 1993, the Revenue Divisional Officer is competent authority to issue the Caste Certificates, there shall be a direction to the 3rd respondent to take necessary steps for issuance of ST (Konda Kapu) Caste Certificate in accordance with law, within a period of eight weeks from the date of receipt of a copy of this Court.

Accordingly, the writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions pending, if any, in this writ petition, shall stand closed. ____________________________________ JUSTICE CHALLA KODANDA RAM Date:09.08.2017.

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