Andhra Pradesh High Court - Amravati
Pokala Lohith, vs The State Of Andhra Pradesh, on 15 February, 2021
Author: Battu Devanand
Bench: Battu Devanand
/ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISIDICTION) MONDAY ,THE FIFTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE BATTU DEVANAND I.A No. 1 OF 2021 IN WP NO: 3550 OF 2021 Between: 4. Pokala Lohith,, S/o P.Srinivasulu,Aged about .18 years, Ulasalavandla Palli, Egavuru, Chinnagottigallu Chittoor, Andhra pradesh 517194 2. Sane Pallavi, Dio Sane Nagaraja Prasad, Aged about 15 years, R/o 1-120, Balija Street, Chittoor, AP 517172 Since Minor, rep by her Father and natural guardian, Sri.S.Nagaraja Prasad, aged about 42 years. 3 Sane Muni venkata Karthikeya, S/o Sane Nagaraja Prasad, Aged about 14 years, R/o 1-120, Balija Street, Chittoor Andhra pradesh 517172 Since Minor, rep by ,her Father and natural guardian, Sri.S.Nagaraja Prasad, aged about 42 years. 4. Pasupuleti Harshavardhan,, , S/o P.Damodar, Aged about 19 years R/o H.No.4- 26, Cherukuvanpall Venkata Dasara Palli, Pulicherla, Chittoor, Andhra Pradesh - 517113 5. Pasupuleti Manaswinin,, D/o P Damodar, Aged about 21 years, R/o H.No.4-26, Cherukuvaripall Venkata Dasara Palli,P ulicherla, Chittoor, Andhra Pradesh - 7 6. Muttamsetty Eswara Sai Prasad, S/o Late M.Mohan, aged about 14 years, Balija Palli, Chinnagottipalli, Bhakarapet, Chittoor - 517194 Rep by his mother and Natural guardian, M.Rupa, aged about 36 years. 7. Pokala Ashok Kumar,, S/o late Pokala Narasaiah, Aged about 65 years, AyyaVandlaPalle, Kalluru, Chittoor Andhra pradesh -517113 8 Pokala Prema Kumar,, S/o Pokala Muniramulu, Aged about 24 years,R/o 1- 53,Digava Pokalavari palle, Ramreddigaripalli, Pulicherla, Chittoor, Andhra pradesh -517172 9. Pokala Purushotham,, S/o Pokala Muniramulu, Aged about 22years, R/o 1-53, D/o SaneNagaraja Prasad, Aged about 15years, R/o 1-120,Balija Street, Chittoor Andhra pradesh 517172 40.Pokala Muni Geetha,, D/o Pokula Gangaiah, aged about 21 years, R/o 1-31, Digava Pokalavari palle, Ramreddigaripalli,Pulicherla, Chittoor, Andhrapradesh - 517172 41.Pokala Vishnu Muneshwara,, S/o Pokula Gangaiah,aged about 20 years, R/o 1- 31,Digava_ Pokalavari _palle, Ramreddigaripalli, Pulicherla, Chittoor, Andhrapradesh -517172 42.Pokala Muni Kiran, S/o Pokala Munirathnam, Aged about 23years, R/o Digava Pokalavari palle, Ramreddigaripalli, Pulicherla, Chittoor, Andhrapradesh -517172 13. Thipirisetty Chandra babu, S/o Thipirisetty Guru swamy, Aged about 36 years, R/o 2-21,Eguvapokalavari Palle, Ramireddigaripale, Chittoor, Andhrapradesh - 517172 14.Ayya Ravi Chandra Babu,, S/o A.Venkata Reddappa, Aged about 36 years, R/o 1-10, Ayyavandlapalli, Pulicharla, Chittoor, Andhra pradesh - 5177113 45.S.Somasekhar Babu,, S/o S.Venkataramana, Aged about 32 years, Digava Pokalavari palle, Ramreddigaripalli, Pulicherla, Chittoor, Andhrapradesh -517172 16.Mutthamsetty Sireesh Kiran,, S/o M.Venkatarathnam,aged about 31 years, R/o H_.No.5-57/1,Balija Street, Chinnagottipalli, Bhakarapet, Chittoor - 517194 17.Mutthamsetty Somasekhar,, S/o M.Venkatarathnam, aged about 31 years, R/o H.No.5-57/1, Balija Street, Chinnagottipalli, Bhakarapet, Chittoor - 517194 | 18.Pokala Theja,, S/o P.Chennakesavulu,Aged about 23 years Ulasalavandla Pali, Egavuru, Chittoor,Andhrapradesh 517194 49.Pokala Harika,, D/o P.Chennakesavulu, Aged about 21 years Ulasalavandla Palli, Egavuru, Chittoor,Andhrapradesh 517194 20.Mukku Dinesh Kumar,, S/o Mukku Rosi Babu, Aged about 31 years, R/o 3- 7,Bajaru Veedi, Chinnagottigallu, Bhakarapet, Chittoor, Andhra Pradesh- 517194 ...Petitioners (Petitioner in WP 3550 OF 2021 on the file of High Court) AND -- The State of Andhra Pradesh,, Rep by its Principal Secretary, Backward Classes Department, AP Secretariat, Velagapudi, Guntur District. The District Collector,, Chittoor district, at Chittoor, AP. The Tahsildar,, Chinnagottikallu Mandal, Chittoor District, AP. The Tahsildar,, Pulicherla Mandal, Pulicherla, Chittoor District, AP. Pon ...Respondents (Respondents in-do-) Counsel for the Petitioner :SRI P. GANGAIAH NAIDU SENIOR COUNSEL FOR SRI N BHARAT BABU Counsel for the Respondents :GP FOR SOCIAL WELFARE 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 respondents No.3 and 4 to reconsider and issue fresh community certificates to the petitioners certifying as Perika Balija [BC-B) relying on the certificates issued previously by the competent authority, since those certificates are valid under section 21 of Act 16 of 1993, pending disposal of WP No. 3550 of 2021, on the file of the High Court. The court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following order.(The receipt of this order will be deemed to be the receipt of notice in the case). ORDER:
Heard Sri P.Gangaiah Naidu, learned Senior Counsel appearing for the petitioners and the learned Government Pleader for Social Welfare appearing for the respondents.
Having heard the submissions of the learned counsels and upon perusing the material available on record, it appears that as per Section 21 of the Andhra Pradesh (Schedules Cases, Schedules Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993, a community certificate issued by any authority competent to issue the same under the relevant rules or orders before the commencement of this Act, shall, unless it is cancelled under the provisions of this Act, be valid and shall be deemed to have been issued under the provisions of this Act.
As this provision is very clear about the validity of the Community Certificate issued by any authority, who is competent to issue and unless those authorities are cancelled under the provisions of this Act, those certificates has to be treated as valid and shall be deemed to have been issued under the provisions of this Act. There is some force in the contention of the learned Senior Counsel that the respondent authorities are depriving the petitioners. In view of the above, there shall be interim direction to the respondent Nos.3 and 4 to reconsider and issue fresh Community Certificates to the petitioners certifying as 'Perika Balija (BC-B)' relying on the certificates issued previously by the competent authority, within a period of four (4) weeks from the date of receipt of a copy of this order, by following the procedure provided under the relevant Act and rules, pending further orders. | Sd/- A. Surya Prakasa Rao | DEPUTY REGIST : é ITRUE COPY! = SECTION OFFIC! For ASSISTANT REGISTRAR To = The Principal Secretary, Backward Classes Department, State of Andhra Pradesh, AP Secretariat, Velagapudi, Guntur District. The District Collector,, Chittoor district, at Chittoor, AP. The Tahsildar,, Chinnagottikallu Mandal, Chittoor District, AP. The Tahsildar,, Pulicherla Mandal, Pulicherla, Chittoor District, AP. (1 to 4 by RPAD) One CC to Sri N Bharat Babu, Advocate [OPUC] Two CCs to GP for Social Welfare,High Court of Andhra Pradesh. [OUT] One spare copy NO RON TVR HIGH COURT DEVJ DATED:15/02/2021 ORDER WP.No.3550 of 2021 INTERIM DIRECTION 22 FEB ue! ce