Andhra Pradesh High Court - Amravati
Gontupulugu Satish Kumar vs The State Of Andhra Pradesh on 15 February, 2021
Bench: R Raghunandan Rao
(SHOW CAUSE NOTICE BEFORE ADMISSION) oS
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATE
(SPECIAL ORIGINAL JURISDICTION) *S
MONDAY, THE FIFTEENTH DAY OF FEBRUARY,
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE R.RAGHUNANDAN RAO
WRIT PETITION NO: 3156 OF 2021
Between:
Gontupulugu Satish Kumar, S/o Balaraju, Aged 43 Years, R/o D.No.1 - 87,
Harijanawada, Bhyravapatnam, Mandavalli, Krishna District, Andhra Pradesh-521345.
.. Petitioner
AND .
1. The State of Andhra Pradesh, rep. by its Principle Secretary, department of
revenue, 3" Block, First Floor, A.P. Secretariat Office, Velagapudi, Amaravati,
Guntur Dist., Andhra Pradesh.
2. The State of Andhra Pradesh, rep. by its Principle Secretary, department of
Social Welfare, First Floor, A.P. Secretariat Office, Velagapudi, Amaravati,
Guntur Dist., Andhra Pradesh.
The District Collector, Krishna District at Machilipatnam, Andhra Pradesh.
The Revenue Divisional officer, Gudiwada, Krishna District.
The Tahsildar, Kaikaluru Md, Krishna District, Andhra Pradesh.
...Respondents
ako
WHEREAS the Petitioner above named through his Advocate Sri JADA SRAVAN
KUMAR presented this Petition under Article 226 of the Constitution of India praying
that in the circumstances stated in the affidavit filed therewith, the High Court may be
pleased to issue a Writ, Order or direction particularly, one in the nature of writ of
Mandamus declaring the action of the respondent No.3 in issuing the impugned
proceedings ref no REV-CSECOVC(ver)/81/2020-JA(C4)-KCO dated nil.10.2020
cancelling the petitioners Scheduled Caste Certificate u/s 5(1) of Andhra Pradesh
(Scheduled Castes, Scheduled Tribes And Backward Classes) Regulation Of Issue Of
Community Certificates Act, 1993 without following the procedure established by the
law is illegal Arbitrary and violation of principles of natural justice and also Articles 14,
16, 19, 21 and 300A of Constitution of India and consequently set aside the impugned
proceedings ref no REV-CSECOVC\(ver)/81/2020-JA(C4)-KCO dated nil.10.2020 as the
respondent No.3 is neither conducted any enquiry nor observed the Hon'ble Apex court
judgment in the case of KAILASH SONKAR V/S MAYA DEVI Citation 1983
LawSuit(SC) 386.
AND WHEREAS the High Court upon perusing the petition and affidavit filed
herein and upon hearing the arguments of Sri Jada Sravan Kumar, Advocate for the
Petitioner and GP for Revenue for the Respondents, directed issue of notice to the
Respondents herein to show cause as to why this WRIT PETITION should not be
admitted. .
You viz:
1. The Principle Secretary, department of revenue, 3" Block, First Floor, A.P.
Secretariat Office, Velagapudi, Amaravati, Guntur Dist., Andhra Pradesh.
2. The Principle Secretary, department of Social Welfare, First Floor, A.P.
Secretariat Office, Velagapudi, Amaravati, Guntur Dist., Andhra Pradesh.
3. The District Collector, Krishna District at Machilipatnam, Andhra Pradesh.
4, The Revenue Divisional officer, Gudiwada, Krishna District.
5. The Tahsildar, Kaikaluru Md, Krishna District, Andhra Pradesh.
are be and hereby directed to show cause either appearing in person or through an
Advocate, as to why in the circumstances set out in the petition and the affidavit filed
therewith (copy enclosed) this WRIT PETITION should not be admitted, on or before
03-03-2021, on which date the case stands posted for hearing.
1A NO: 1 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the petition, the High Court may be pleased to temporarily
Suspend the impugned proceedings ref no REV-CSECOVC(ver)/81/2020-JA(C4)-KCO
dated nil.10.2020, pending disposal of WP No. 3156 of 2021, on the file of the High
Court.
The Court made the following:
ORDER:
"Notice before admission.
The petitioner challenges the cancellation of the caste certificate given to the
petitioner by order dated 19.10.2020 issued by the 3'¢ respondent. The petitioner
raises two grounds, firstly, the petitioner claims that he was born on 01.05.1977
whereas, 3" respondent relied upon Baptism certificate of 27.12.1995. Secondly,
the petitioner complains that under Section 5(1) of Andhra Pradesh (Scheduled
Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of
Community Certificates Act, 1993 requires an enquiry to be conducted by
respondent No.3 District Collector whereas, an enquiry was conducted by the
Tahsildar and the District Collector passed the impugned order without any
further notice to the petitioner and as such, there is violation of principles of
natural justice.
Learned Government Pleader submits that there is a Provision of appeal and in
view of the disputed questions of fact, it would be appropriate that the petitioner
is directed to avail alternative remedy available to the petitioner.
Prima facie, there is a violation of principles of natural justice apart from violation
of provisions of the Act. In these circumstances, it would not be appropriate to
relegate the petitioner to an alternative remedy. Hence, there shall be suspension
of the proceedings of the 3? respondent bearing No.REV-CSECOVC(ver)/81/2020-
JA(C4)-KCO darted nil.10.2020 till further orders.
Post on 03.03.2021 in 'motion list'."
SD/- K.Tata Rao
ASSISTANT REGISTRAR
[TRUE COPYI/
For ASSISTANT REGISTRAR
To,
1. The Principle Secretary, department of revenue, 3" Block, First Floor, A.P.
Secretariat Office, Velagapudi, Amaravati, Guntur Dist., Andhra Pradesh.
2. The Principle Secretary, department of Social Welfare, First Floor, A.P.
Secretariat Office, Velagapudi, Amaravati, Guntur Dist., Andhra Pradesh.
The District Collector, Krishna District at Machilipatnam, Andhra Pradesh.
The Revenue Divisional officer, Gudiwada, Krishna District.
The Tahsildar, Kaikaluru Md, Krishna District, Andhra Pradesh. (Addresses 1 to 5
by RPAD- along with a copy of petition and affidavit)
One CC to Sri. Jada Sravan Kumar, Advocate [OPUC]
Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
One spare copy
Or
ONO
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/ HIGH COURT
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RRRJ
DATED:15/02/2021
NOTE: POST ON 03-03-2021 IN MOTION LIST
NOTICE BEFORE ADMISSION
WP.No.3156 of 2021
INTERIM DIRECTION
22 FEB 2021
