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Telangana High Court

Smt. Chavan Sali vs The State Of Telangana on 25 September, 2023

Author: T. Vinod Kumar

Bench: T. Vinod Kumar

         THE HON'BLE SRI JUSTICE T. VINOD KUMAR

              WRIT PETITION No.26667 OF 2023

ORDER:

This Writ Petition is filed to issue a writ of mandamus declaring the action of respondent No.1 in not disposing of the Appeal No.1139/TW.LTR/2022 pending before the 1st respondent, as being illegal, arbitrary, unjust and unreasonable.

2. Heard learned Counsel appearing for the petitioner, learned Government Pleader for Social Welfare for respondent Nos.1 and 2. Having regard to the disposal, this Court is of the view, notice to unofficial respondent No.3 is not necessary.

3. Petitioner contends that the unofficial respondent No.3, aggrieved by the order dated 28.07.2022, had filed an Appeal to the Government under Section 7 of the A.P. (S.C, S.T & BCs) Regulation of issue of Community Certificates Act, 1993; that the Appeal was heard on 26.08.2023; and that inspite of the Appeal having been heard on the said date, no orders thereon have been passed, till date.

4. Learned Counsel for the petitioner further submits that on account of pendency of the Appeal before the Government, 2 the authorities are not giving effect to the order passed by the Collector dated 28.07.2022 whereby the unofficial respondent No.3 was declared as not belonging to the S.T. (lambadi) community. Learned Counsel for the petitioner submits that notwithstanding the fact that the said order passed by respondent No.2, the unofficial respondent No.3 is continuing to hold the office of MPTC, Achampet, which she is not entitled to hold as the same is reserved for representatives belonging to the S.T. community.

5. Learned Government Pleader appearing on behalf of respondent Nos.1 and 2 while not disputing the fact of hearing of the matter having concluded on 26.08.2023 submits that the authorities would pass orders in accordance with law.

6. Having regard to the submissions made and since it is stated to this Court that hearing of the Appeal is over on 26.08.2023, the respondent authority is directed to pass orders thereon as expeditiously as possible.

7. Subject to the above direction, the Writ Petition is disposed of. No order as to costs.

3

Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.



                                          ___________________
Date: 25.09.2023                         T. VINOD KUMAR, J
MRKR
                   4




THE HON'BLE SRI JUSTICE T. VINOD KUMAR




    WRIT PETITION No.26667 OF 2023




              25.09.2023