Andhra Pradesh High Court - Amravati
Rayala Harshitha vs The State Of Andhra Pradesh on 16 December, 2024
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
MONDAY, THE SIXTEENTH DAY OF DECEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 27450 OF 2024
Between:
1. Rayala Harshitha, D/o R. Babu Rajendra Prasad, Aged about 21 years,
Occ Student, R/o D.NO.8-10-2-B, Ravindranagar, Eguvakuruvanka H/o
Ponnetipalem, Madanapalle Mandal, Annamaiah District
2. Royal Hemanth Karthik, S/o R. Babu Rajendra Prasad, Aged about 23
years, Occ Student, R/o D.NO.8-10-2-B, Ravindranagar,
Eguvakuruvanka H/o Ponnetipalem, Madanapalle Mandal, Annamaiah
District
...PETITIONERS
AND
1. The State Of Andhra Pradesh, Represented by its Principal Secretary,
Social Welfare Department, Secretariat Buildings, Velagapudi, Guntur
District.
2. The District Collector, Annamaiah District at Rayachoty
3. The Revenue Divisional Officer, Madanapalle, Annamaiah District
4. The Tahsildar, Madanapalle Mandal, Annamaiah District
5. The Village Revenue Officer, Eguvakuruvanka H/o Ponnetipalem,
Annamaiah District
...RESPONDENTS
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 OF MANDAMUS declaring the action of the
Respondents herein particularly Respondent No.4 in not considering and
^"taking action on the petitioners applications dated 14.11.2024 vide Nos
CGC241114031223 Application CGC241114030562, OBCO12402869455
and 0BC012402869489 respectively for issuance of BC- B and OBC (as
per central list) caste certificates inspite of the recommendations of the
Respondent No.5 and not considering the previously issued caste
certificates on 10.10.2020 and the order in W.P.No.3575/2020 in A.Guru
Thejaswi Vs The State of AP, dt.02.12.2020 and kept pending till today
without informing any grounds as nothing but illegal, arbitrary, and contrary
to the well-established legal principles apart from being violative of
fundamental and constitutional rights guaranteed under articles 14, 19, 21
of the Constitution of India and consequently direct the Respondent No.4,
to dispose off the petitioners applications dt.14.11.2024 for issuance of
BC-B & 0-BC (as per central list) Caste certificate as expeditiously as
possible by considering the previously issued caste certificates dt.
10.10.2020.
lA NO: 1 OF 2024
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 DIRECT the Respondent No.4 to dispose off the petitioners
applications Dt.14.11.2024 vide Application Nos; CGC241114031223 ,
CGC241114030562, OBC012402869455 OBC012402869489 respectively
for issuance of BC-B and 0-BC (as per central list) Caste certificate as
expeditiously as possible by considering the previously issued caste
certificates dt.10.10.2020, pending disposal of the Writ petition before this
Hon'ble court.
2?^ Counsel for the Petitioner(s): SRI. SURESH KUMAR REDDY KALAVA
Counsel for the Respondent No.1: GP FOR SOCIAL WELFARE
Counsel for the Respondent Nos.2 to 5: GP FOR REVENUE
The Court made the following: ORDER
1
APHC010527742024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3329]
7
(Special Original Jurisdiction)
MONDAY ,THE SIXTEENTH DAY OF DECEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 27450/2024
Between:
Rayala Harshitha and Others ...PETITIONER(S)
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitloner(S):
1.SURESH KUMAR REDDY KALAVA
Counsel for the Respondent(S):
1.GP FOR REVENUE
2.GP FOR SOCIAL WELFARE
The Court made the following:
1. This writ petition is filed under Article 226 of the Constitution of India
claiming the following relief;
"To issue writ of mandamus declaring the action of respondents
particularly Respondent No.4 in not considering and taking action on
the petitioners applications dated 14.11.2024 vide application
NOS.CGC241114031223, CGC241114030562, OBC012402869455
& OBC012402869^489 respectively for issuance of BC-B & 0-BC (as
2
J
&
per central list) caste certificates inspite of the recommendations of
the Respondent No.5 and not considering the previously issued
caste certificates
2.
Though the petitioners made several allegations against the
respondents, during hearing, learned counsel for the petitioners requested this
Court, without touching the merits of the case, to issue a direction to the
respondents to dispose of the representations of the applications dated
14.11.2024 vide application Nos.CGC241114031223, CGC241114030562
OBC012402869455 & OBC012402869489.
3.
Learned Assistant Government Pleader for Revenue readily agreed to
dispose of the representations of the petitioners dated 14.11.2024, if any
pending with the authorities.
4, In view of the submission of the learned Assistant Government Pleader
for Revenue, I need not decide the truth or otherwise of the allegations made
in the petition. This Court is conscious that no such direction be issued, in
view of the judgment of the Apex Court in "The Government of India v.
P.Venkatesh'", wherein the Apex Court held that such orders may make for a
quick or easy disposal of cases in overburdened adjudicatory institutions. But,
they do no service to the cause of justice. As the learned counsel for the
petitioners himself requested to issue a direction to dispose of the
2019(8) SCALE 544
3
representation dated 14.11.2024, I find no other alternative except to issue
such direction.
5. In the result, the \A/rit petition is disposed of, directing the respondents to
dispose of the application Nos.CGC241114031223, CGC241114030562,
OBC012402869455 & OBC012402869489 within three (03) months from
today. No costs.
6. Consequently, miscellaneous petitions pending, if any, shall also stand
closed.
SD/- K KASIRAO ACHARI
ASSISTANT REGISTRAR
//TRUE COPY//
SEi N OFFICER
I
To
1. The Principal Secretary, Social Welfare Department, Secretariat
Buildings, Velagapudi, Guntur District.
2. The District Collector, Annamaiah District at Rayachoty
3. The Revenue Divisional Officer, Madanapalle, Annamaiah District
4. The Tahsildar, Madanapalle Mandal, Annamaiah District
5. The Village Revenue Officer, Eguvakuruvanka H/o Ponnetipalem,
Annamaiah District
6. One CC to Sri Suresh Kumar Reddy Kalava, Advocate [OPUC]
7. Two CCs to GP For Social Welfare, High Court of Andhra Pradesh
[OUT]
8. Two CCs to GP For Revenue, High Court of Andhra Pradesh [OUT]
9. Three CD Copies
AL
HIGH COURT TL
DATED:16/12/2024
ORDER
WP.No.27450 of 2024
^OFANO^y^ g 2 8 DEC 202'! Co.
. Current Section . ^ DISPOSING OF THE WP WITHOUT COSTS