B.Shankaramma v. The State Of Telangana

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.3397 OF 2016 ORDER:

The prayer of the petitioners in this case is as under: "For the reasons stated in the accompanying affidavit, the petitioners prays that the Hon'ble Court may be pleased to pass an appropriate writ, order or direction more particularly in the nature of writ of Mandamus by declaring: (1) The four orders with same dated 27.08.2015 issued by the respondent No.3 as illegal, arbitrary, unconstitutional and contrary to the provisions of Andhra Pradesh (SC, ST & BCs) Regulation of Issue of Community Certificates Act, 1993 and Rules, 1997, (ii) Direct the 3rd Respondent to issue Digital Backward Class Community Certificates to the Petitioner Nos.1 to 4 as belonging to "Gandla" Community and pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case."

2. Heard Sri C.Naresh Reddy, learned counsel for the petitioners, and the learned Government Pleader for Social Welfare. 3.

When the matter is taken up for hearing, it is submitted by the learned counsel for the petitioners that the issue involved in the present writ petition is squarely covered by the orders of this Court in W.P.No.23764 of 2013 dated 21.08.2013 and a copy of the same is placed on record along with the writ petition. In the case on hand also, petitioners relies upon the Community, Nativity and Date of Birth Certificates issued by the Mandal Revenue Officer, Karimnagar.

4. In the circumstances, there shall be a similar direction as in the above writ petition, which is as follows:

"Since the Community, Nativity and Date of Birth Certificates issued by the Mandal Revenue Officer, as mentioned above, is admittedly still in force, the respondents shall within two days from the date of receipt of a copy of this order, furnish the petitioners a digital copy of the said certificates. It is made clear

that this order shall not preclude the respondents from initiating action under Section 5 of the Andhra Pradesh (SC, ST & BCs) Regulation of Issue of Community Certificates Act, 1993, for cancellation of the caste certificates in favour of the petitioners, if they are of the view that the said caste certificate is false." With the above direction, the writ petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.

___________________ JUSTICE SANJAY KUMAR February 5, 2016 LMV