V.Jamayya v. Government Of Andhra Pradesh,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE TWELFTH DAY OF APRIL TWO THOUSAND AND SIXTEEN

Present

Between:

V. Jamayya, S/o. Keshanna, Aged about 14 years, Occ: Student, being minor Rep. by his natural guardian and father V. Keshanna, S/o. Pedda Govindappa, Aged 58 years, Occ: Buysiness, R/o.H.No.1/173, Rajeev Gandhi Nagar Ward No.12, Adoni Municipality, Kurnool & 4 others .. Petitioners AND Government of Andhra Pradesh, Secretary, Revenue Department, Secretariat, Hyderabad & 4 others .. Respondents The Court made the following:

ORDER:

This writ petition is filed for a writ of mandamus declaring the action of the respondent authorities in not issuing the Scheduled Caste Certificates to the petitioners herein in spite of submitting the respective applications before the respondent authorities as being illegal, arbitrary and unconstitutional.

2. The case of the petitioners is that the petitioners belong to Budaga Jangam Caste and they come under Scheduled Caste category and the said Budaga Jangam Community is recognized as Scheduled Caste Community under the Constitution (Scheduled Tribes) Order, 1950, Scs, STs List (Modification) Order, 1956, and STs (Amendment) Act, 1976. It is also stated by the petitioners that all the persons who belong to Budaga Jangam Community in various villages of Kurnool District were issued Scheduled Caste Certificate. It is the case of the petitioners that when the petitioners approached the respondent authorities for issuance of caste certificate, the said authorities insisted the petitioners to submit their prescribed applications in Form No.2. Accordingly, the petitioners have submitted their respective applications before the respondent authorities substantiating the caste.

Though no date of submission of applications is mentioned in the writ affidavit, learned counsel for the petitioners states that the applications are submitted on 26.04.2014. As no orders are passed on the said applications, the present writ

petition is filed.

3. Heard learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue.

4. It is for the competent authority to decide whether the petitioners are eligible for grant of caste certificates, which they claim to be.

5. In view of the same, without expressing any opinion on merits, the competent authority is directed to dispose of the applications submitted by the petitioners on 26.04.2014, in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order.

6. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed. ______________________________ A.RAJASHEKER REDDY, J Date: 12th April, 2016 KL

Date: 12th April, 2016 KL