Andhra Pradesh High Court - Amravati
Kothapalli Geeta vs The State Of Ap on 11 March, 2025
APHC010643502023
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3331]
(Special Original Jurisdiction)
TUESDAY, THE ELEVENTH DAY OF MARCH
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 33150/2023
Between:
1. KOTHAPALLI GEETA, W/O P.R.K.RAO,AGED 52 YEARS, R/O 78-12-
2, FLAT NO.G.1, SHANTI RESIDENCY, SYAMALA NAGAR,
RAJAHMUNDRY, EAST GODAVARI DISTRICT, PIN . 533 103.
...PETITIONER
AND
1. THE STATE OF AP, REP. BY ITS ADDITIONAL SECRETARY, SOCIAL
WELFARE (TW-CV) DEPARTMENT.
2. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT,
KAKINADA.
3. THE ANDHRA PRADESH SCHEDULED TRIBE EMPLOYEES
ASSOCIATION, REP. BY ITS PRESIDENT, E.ANJANEYULU, 1-7-26,
SATYANARAYANA SWAMY NAGAR, NEAR RAMALAYAM, STREET
NO.8, HABSIGUDA, HYDERABAD, TS
...RESPONDENT(S):
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 pleased to issue a Writ of Prohibition or any other writ, order or
direction prohibiting the Respondent No.1 from entertaining Appeal / Petition
filed by Respondents 3 and 4 bearing No.33321/16, which was filed against
the orders dated 19/07/2016, passed by the 2nd Respondent in reference
Number C.5(M)/720 /2008, as the same is not maintainable, either under
sec.7(2) of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and
2
Backward Classes) Regulation of Issue of Community Certificates Act, 1993,
or the Rules made thereunder and consequently issue appropriate directions
to the 1st Respondent to reject / dismiss the said Appeal and pass
IA NO: 1 OF 2023
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
grant stay of all further proceedings, before the 1 St Respondent, in the
Appeal bearing No. No.33321/16 filed by Respondents 3 and 4 against the
orders dated 19/07/2016 of the 2nd Respondent in reference No. C.5(M)/720
/2008, pending disposal of above Writ Petition, and pass
Counsel for the Petitioner:
1.Chidambara Sastry
Counsel for the Respondent(S):
1. GP FOR SOCIAL WELFARE (AP)
The Court made the following:
::ORDER::
Heard Sri Chidambara Sastry learned counsel for the petitioner and learned Assistant Government Pleader for Social Welfare appearing for respondents.
2. The above writ petition is filed seeking a writ of prohibition to prevent the 1st respondent from entertaining appeal/petition filed by respondents 3 and 4, bearing No.33321/16, against the orders dated 19.07.2016, passed by the 2nd respondent in reference No.C.5(M)/720/2008.
3. On 26.12.2023, the Co-ordinate Bench of this Court passed the following order:
"In view of the above said facts and circumstances, already as there are directions of this court in W.P.No.10547 of 2023 dated 28.04.2023, due opportunity shall be given to the 3rd respondent therein in the appeal/the writ petitioner herein before the disposal of the main appeal by the 1st respondent.3
It is open for the petitioner herein to file her objections within a period of two (2) weeks from the date of receipt of this order before the 1st respondent and the same shall be considered in due course by the 1st respondent strictly in accordance with law for the disposal of main appeal. Giving due opportunity to all the parties therein, appropriate order shall be passed in the main appeal by the respondent No.1.
The mere pendency of this writ petition does not preclude for the 1st respondent to dispose of the appeal on merits.
Till filing of the objections by the petitioner as indicated above only, the 1st respondent shall not dispose of the appeal."
4. However, in pursuance of interim order 26.12.2023 in W.P.No.33150 of 2023, the 1st respondent passed the order in G.O.Ms.No.2 Tribal Welfare (CV) Department, dated 04.01.2024. Assailing G.O.Ms.No.2, dated 04.01.2024, the petitioner filed W.P.No.1226 of 2024 and interim order was granted on 12.01.2024 and the same is being extended from time to time.
5. Since an order was passed vide G.O.Ms.No.2, dated 04.01.2024 and the same is under challenge in W.P.No.1226 of 2024, and petitioner raised all the grounds including entertaining the appeal by the 1st respondent, no cause survives for further adjudication in W.P.No.33150 of 2023.
6. Accordingly, the Writ Petition is closed. No order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
___________________________ JUSTICE SUBBA REDDY SATTI Dated: 11.03.2025 SNI 4 300 THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.33150 of 2023 Dated 11.03.2025 SNI