Smt. Byreddy Sivaleela, v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE CHALLA KODANDA RAM W.P.No. 2512 of 2015 DATE: 10.02.2015 Between:

Smt. Byreddy Sivaleela .. Petitioner And

1. The State of A.P.

2. The Collector & District Magistrate

3. The Tahsildar

4. The Revenue Divisional Officer

5. The Secretary

6. The Commissioner .. Respondents

O R D E R:- The sum and substance of the petitioner's case as reflected from the affidavit is that the 2nd respondent-Collector and District Magistrate, Guntur issued the impugned proceedings dated 15.10.2014 cancelling the caste certificate issued by the Tahsildar by observing that the petitioner does not belong to "Konda Reddy", a Scheduled Tribe community, but belongs to "Reddy" (O.C.). Challenging the same, the petitioner preferred an appeal on 12.12.2014 along with an application seeking stay of operation of the impugned proceedings before the 1st respondent-Government. Now, the petitioner's grievance is that 1st respondent has not passed any orders on the stay application so far. Hence, the present writ petition is filed seeking appropriate directions. Heard the learned counsel for both the parties and perused the material placed on record.

Considering the fact that the petitioner has secured job as a Nurse in the Employees State Insurance Corporation, a Government dispensary, based on the caste certificate issued by the Tahsildar as belonging to "Konda Reddy", S.T community, and that certificate has been cancelled by the 2nd respondent purporting that she belongs to "Reddy", O.C. community and in view of the limited scope of relief sought for by the petitioner that no orders on the stay application filed along with the appeal have been passed so far, this Court is

inclined to dispose of the writ petition with the following directions:

"The 1st respondent - Government is hereby directed to consider the stay application said to have been filed by the petitioner on 12.12.2014 along with the appeal, and pass appropriate orders thereon, within a period of six weeks from today, in accordance with law. Till disposal of the application, there shall be interim stay of the proceedings dated 15.10.2014 issued by the 2nd respondent."

With the above direction, the writ petition is allowed. No order as to costs.

As a sequel to the allowing of the writ petition, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.

_______________________ CHALLA KODANDA RAM, J 10.02.2015 bcj