K.Manga Rao Dora, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 31164 OF 2017 O R D E R:

The grievance of the petitioner is that the 5th respondent, though is Reddy by caste, had obtained a caste certificate claiming himself to be belonging to ST community. In spite of the complaint lodged on 29.01.2016 by the petitioner with the 3rd respondent Project Officer, marking a copy to the 2nd respondent District Collector, no action has been taken thereon. Hence, this Writ Petition seeking a direction to Respondents 2 to 4 to act on the complaint of the petitioner.

Heard learned counsel for the petitioner and learned Government Pleader for Social Welfare (Andhra Pradesh). Section 5 of the A.P. (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issuance of Community Certificates Act, 1993 confers power on the District Collector to inquire into any complaint regarding the correctness of any Community, Nativity and Date of Birth Certificate already issued and if it is found that the certificate is obtained fraudulently, then the District Collector shall cancel the certificate. The 2nd respondent District Collector therefore, shall conduct an inquiry into the complaint of the petitioner and if it is found that the allegations made therein are true, necessary action in accordance with Section 5 of the Act shall be taken. This entire exercise shall be completed within the time mandated under the Act for the said purpose. No costs.

Consequently, the miscellaneous Applications, if any shall stand closed.

____________________________ CHALLA KODANDA RAM, J 14th September 2017 ksld