Bomma Malla Reddy v. State Of Telangana

THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO WRIT PETITION No.23754 OF 2016 O R D E R :

Heard counsel for the petitioners and the Government Pleader for Social Welfare appearing for respondents.

2. In this Writ Petition, petitioners assail the order dt.29.06.2016 of the 3rd respondent rejecting the petitioners' application for issuance of Community, Nativity and Date of Birth Certificate.

3. Counsel for the petitioner states that the issue in this Writ Petition is squarely covered by the decision rendered by this Court in W.P.No.17508 of 2015.

4. The Government Pleader for Social Welfare does not dispute this fact.

5. A perusal of the order dt.06.07.2015 passed by this Court in W.P.No.17508 of 2015 reflects that the prayer therein was also on similar lines and in terms of the earlier decision of this Court in W.P.No.17560 of 2015, the learned Judge granted relief to the petitioners therein.

6. The Community, Nativity and Date of Birth Certificate issued to the petitioner on 22.07.2002 clearly mention that he belongs to "Gandla" Community, a backward caste.

7. In that view of the matter, this Writ Petition is also disposed of, in terms of the order dt.06.07.2015 in W.P.No.17508 of 2015 with the following direction:

"Since the Community, Nativity and Date of Birth Certificate issued by the Tahsildar, Kataram Mandal, 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 certificate. 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 certificate of the petitioners, if otherwise warranted. No costs."

8. Consequently, Miscellaneous Petitions pending if any, shall stand closed.

______________________________ M.S. RAMACHANDRA RAO, J 28th July, 2016.

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