High Court for State of TelanganaWP/19173/2015disposed of no costs

Nagluru Subbarayudu , v. The Collector And District Magistrate,

2015-06-30A V Sesha Sai3 pages

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.19173 of 2015 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking following relief:

"to issue Writ of Mandamus declaring the action of the respondents in not treating the petitioners as Schedule Tribe (Yerukala) Community in terms of the Caste Certificate issued by the 3rd respondent in terms of Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of issue of Community Certificate Act, 1993 (Act 16 of 1993), as arbitrary, illegal, discriminatory, malafide, violating Articles 14, 16, (4) and 21 of the Constitution of India, and consequently direct the respondents to issue the ST (Erukula) Community Certificate in pursuance of the Community, Nativity and Date of Birth Certificate issued by the 3rd respondent in terms of Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificate Act 1993 (Act 16 of 1993)."

Heard Smt. S.V. Indira, learned counsel for the petitioners and learned Government Pleader for Social Welfare (A.P.). According to the petitioners, petitioners herein approached the revenue authorities to issue community certificate but the respondent authorities are not taking any steps to issue the fresh community certificate to the petitioners on the ground that certain disputes are going on among ST (Erukula) and Pamula (BC-D) community, particularly living in Atmakur Mandal and other Mandals including in Erukula Sani village, Atmakur Division, SPSR

Nellore District.

On the other hand, it is pointed out by the learned Government Pleader that there is absolutely no evidence on record to show that the petitioners herein approached the revenue authorities and submitted any application for issuance of community certificate under the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of issue of Community Certificate Act, 1993. No evidence is placed on record to show that any such application has been filed by the petitioners herein for issuance of Community Certificate in his favour.

For the aforesaid reasons and having regard to the nature of controversy, this writ petition is disposed of, permitting the petitioners herein to submit an appropriate application before the Mandal Revenue Officer, Atmakur Mandal, SPSR Nellore District - 4th respondent herein within a period of two (2) days from the date of receipt of a copy of this order. If any such application is filed the same shall be considered by the 4th respondent herein, in accordance with law and appropriate orders be passed as expeditiously as possible keeping in view the prospects of the petitioners herein. There shall be no order as to costs. The Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

___________________

A.V. SESHA SAI, J June 30, 2015 Note: Furnish C.C.

today. B/o.Pn THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.19173 of 2015 June 30, 2015 Note: Furnish C.C.

today. B/o.Pn