Sri Pawar Ravinder Naik v. The State Of Telangana, Rep By Its Principal Secretary

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.10579 OF 2016

O R D E R

Challenge in this writ petition is to the proceedings dated 12.03.2016 passed by the Revenue Divisional Officer, Adilabad, whereby he cancelled the caste certificate issued to the petitioner by the Tahsildar, Gudihatnoor.

Perusal of the impugned proceedings reflects that the Revenue Divisional Officer did not even purport to exercise powers under the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993. In the light of the machinery provided under the aforestated enactment for cancellation of caste certificates, it is not open to the Revenue Divisional Officer, Adilabad, to assume powers unto himself. The impugned proceedings are therefore without jurisdiction and are accordingly set aside on this short ground. This order shall however not preclude the authorities having jurisdiction from initiating action in relation to the petitioner's caste certificate, if warranted, in accordance with the due procedure prescribed under the aforestated enactment. The writ petition is allowed. Pending miscellaneous petitions shall stand closed in the light of this final order. No order as to costs. ______________________ SANJAY KUMAR, J 31st MARCH, 2016 Svv