Kankanala Mallaiah v. The State Of Telangana

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.18863 of 2016 ORDER:

Sri C.Naresh Reddy, learned counsel for the petitioners, states that the issue arising in this writ petition is squarely covered by the decision rendered by this Court in W.P.No.36596 of 2015, dated 09.11.2015.

The present writ petition came to be filed seeking the following relief:

"For the reasons stated in the accompanying affidavit prayed that this Hon'ble Court may be pleased to issue an appropriate writ, order or direction; more particularly, one in the nature of Writ of Mandamus declaring: i.

the order dated 11.05.2016 issued by respondent No.3 as illegal, arbitrary, unconstitutional and contrary to the provisions of Andhra Pradesh (SC, ST & BCs) Regulation of Issue of Community Certificates Act, 1993 and Rules, 1997.

ii.

direct the 3rd respondent to issue Digital backward class Community Certificate to the petitioners as belonging to "Gandla" Community and pass such other order or orders as this Hon'ble Court deemed fit and proper in the circumstances of the case."

A perusal of the order dated 09.11.2015 passed by this Court in W.P.No.36596 of 2015 reflects that the prayer therein was also on similar lines. In terms of the earlier

decision of this Court in W.P.No.17508 of 2015, dated 06.07.2015, the learned Judge granted relief to the petitioners therein.

In that view of the matter, the writ petition is disposed of on the same lines as W.P.No.36596 of 2015, dated 09.11.2015 with the following direction: Since the Community, Nativity and Date of Birth Certificates issued by the Tahsildr, Kataram, are 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 certificates. 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 order as to costs.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

_____________________________ JUSTICE C. PRAVEEN KUMAR 15.06.2016.

NOTE: Issue C.C. in one week.

(B/O) Msr

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.18863 of 2016

15.06.2016 Msr