Andhra Pradesh Scheduled Tribes ... vs The Government Of Andhra Pradesh,
2023 Latest Caselaw 2616 AP

     THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

                WRIT PETITION NO. 10547 OF 2023

JUDGMENT:-

1)     Heard          Sri.    Sriman,       learned        counsel        for    the

Petitioners, Sri. T.N.M. Ranga Rao, Government Pleader for

Respondent No. 1 and learned Government Pleader for

Revenue for the Respondent No. 2.

2) With the consent of the parties counsels, the writ

petition is being disposed of finally at this stage.

3) The Petitioners have filed this writ petition, under

Article 226 of the Constitution of India, for the following

relief:-

"......pleased to issue a Writ or order or direction more particularly one in the nature of Writ of mandamus declaring the action of Respondent No.1 keeping the Appeal filed Under Section 7(2) of the A.P. (SC, ST and BCs) Regulation of Issue of Community Certificates Act, 1993, pending against the proceedings vide Ref. C5/M/720/2008, dated 19.07.2016, issued by R-2 either confirm or set aside such order, is bad, arbitrary unconstitutional clear violation of Articles 14, 21 Constitution of India and consequently direct the R-1 to dispose of Appeal filed under Section 7(2) of The A.P. (SC ST and BCs) Regulation of Issue of Community Certificates Act, 1993, against the proceedings vide Ref

C5/M/720/2008 dated 19.07.2016 and pass.................."

4) Learned Counsel for the Petitioners submits that, one

Smt. Kothapalli Geetha, was granted the caste certificate of

Valmiki tribe, notified Schedule Tribe, which was later on

cancelled, in the year 1993, and challenging the

cancellation order, she filed W.P. No. 17954 of 1993, which

was allowed and after setting aside the cancellation order,

the matter was remitted to the Collector and District

Magistrate for fresh decision. Thereafter, in proceedings

No. C5(M)720/2008, dated 19.07.2016, under Section 5(1)

of the A.P. SCs/STs, BCs Regulation of Issue of

Community Certificates Act, 1993 read with Rules 1997,

the certificate was issued. Aggrieved of the same, the

Petitioner filed an Appeal before the 1st Respondent on

24.08.2016.

5) The grievance raised in this petition is that the

Petitioners' appeal is pending before the 1st Respondent

and in-spite of expiry of near about seven years, the same

has not been finally decided.

6) The learned Government Pleader submits that, the

appeal would be considered and decided within time as

may be specified.

7) Considering the aforesaid, this writ petition is being

disposed of with direction to the 1st Respondent to

consider and decide the Petitioners' appeal, in accordance

with law, if there is no other legal impediment, with due

opportunity to Smt. Kothapalli Geetha, the Respondent in

the appeal, within a period of four [04] months from the

date a copy of this order is produced before the appellate

authority.

8) The Petitioners have not impleaded Smt. Kothapalli

Geetha, as 'Respondent' in the writ petition. The 1st

Respondent/Appellate authority shall ensure due

communication of this Order and also the dates of hearing

in appeal to the Respondent - Smt. Kothapalli Geetha, in

appeal.

9) Petition stands disposed of finally.

No order as to costs.

As a sequel thereto, miscellaneous petitions, if any

pending, shall also stand closed.

________________________ RAVI NATH TILHARI, J Date: 28.04.2023 SM/SNM..

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION NO. 10547 OF 2023

Date: 28.04.2023

SM/SNM