Andhra Pradesh High Court - Amravati
Dasari Mallikarjuna Rao vs The State Of Andhra Pradesh on 6 January, 2022
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No.28533 of 2021
ORDER:
This writ petition is filed to 'declare the action of the respondents in rejecting the case of the petitioners vide endorsement for issuance of caste certificate of 'Perika Balija' BC(B) though the petitioners belonging to the said community without following the procedure contemplated in G.O.Ms.No.58 dated 12.05.1997 and the procedure contemplated under the A.P. Commission for Backward Classes Act, 1993 with Rules, 1993 and Regulations 1996, as illegal and arbitrary'.
Case of the petitioners is that, they are the residents of Nemalladinne village, Seetharamapuram Mandal, SPSR Nellore District, belonging to Perika Balija community and their ancestors also hailed from the same place for the past four generations and their caste is recognised and has been recorded in all the school records of their parents and themselves as Perika Balija - BC-B community; when the petitioners submitted representation to the 5th respondent through online on 02.06.2021 requesting to issue caste certificates, along with all relevant documents, the said representation was rejected by the 5th respondent stating that the petitioners belong to Balija and not Perika Balija community; the said endorsement was issued without conducting any enquiry; the 5th respondent has not followed the procedure contemplated in G.O.Ms.No.58 dated 12.05.1997 and the rules framed thereon. Hence, the writ petition.
Heard Sri Ch.Srinivas, learned counsel for the petitioners and the learned Government Pleaders for Social Welfare and Revenue.
Learned Government Pleader for Revenue passed on the written instructions of the Tahsildar, Seetharamapuram Mandal, dated 07.12.2021, wherein, it is stated that the field staff who enquired into the matter have reported that there is no Perika Balija (BC-B) caste in Nemalladinne village and that the petitioners belong to Balija (OC) by caste; it is also stated that the file numbers mentioned in the copies of the certificates issued to the petitioners could not be traced in the office.
As seen from the written instructions and also as per the arguments of the learned Government Pleader, the procedure contemplated under A.P. (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of community Certificate Act, 1993 and the Rules framed thereon in the year 1997 are not followed by the authorities. Learned counsel for the petitioners submits that no notice was given before rejection of the applications by the respondents.
In the facts and circumstances, the impugned endorsements dated 08.06.2021 given to petitioners 1 and 2 are set aside and the petitioners are given liberty file fresh applications seeking caste certificates along with necessary documents before the 5th respondent. If such applications are filed, the competent authority is directed to deal with the same in accordance with law and take appropriate decision in the matter as expeditiously as possible and communicate the same to the petitioners.
The writ petition is, allowed, accordingly. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
__________________________ KONGARA VIJAYA LAKSHMI, J Date: 06.01.2022 BSS HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI Writ Petition No.28533 of 2021 92 Date: 06.01.2022 BSS