Andhra Pradesh High Court - Amravati
P Lakshmi Devi vs The Government Of Andhra Pradesh on 8 January, 2020
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No.763 of 2020
ORDER:
This Writ Petition is filed " to declare the action of the District Collector, Prakasham District-2nd respondent in issuing the proceedings No.D.Dis.No.C4/99/2016, dated 29.11.2019, and also the action of the 1st respondent in not passing any orders in interlocutory application filed along with the appeal, as illegal and arbitrary."
The case of the petitioner is that, she was selected through District Selection Committee, 2008 and appointed as Grade II Language Pandit-Telugu and posted at MPUP, Bestavaripeta Mandal, Chinneobinenipally vide proceedings, dated 16.10.2009; presently, petitioner is working at MPUP School, Kandulapuram, Cumbum Mandal; subsequently the Government by exercising the powers conferred under Section 5(1) of the A.P.(S.C., S.T. & B.Cs) Regulation of Issue of Community, Nativity and Date of Birth Certificate Act 16 of 1993, read with G.O.Ms.No.58, Social Welfare Department, dated 12.05.1997, cancelled the Perika Balija(BC-B) Community Certificate of the petitioner, issued by the Tahsildar, Cumbum, dated 20.08.1998, vide proceedings of District Collector and Magistrate, dated 29.11.2019; challenging the same, petitioner filed an appeal before the 1st respondent-Government on 06.01.2020 along with an application for granting interim order seeking stay of all further proceedings in the impugned orders, dated 29.11.2019; so far no orders have been passed by the 1st 2 respondent neither on the main appeal nor on the interlocutory application. Hence the Writ Petition.
Learned counsel for the petitioner submits that though the petitioner filed statutory appeal before the 1st respondent- Government challenging the impugned order, dated 29.11.2019, no orders have been passed by the 1st respondent.
Learned Government Pleader for Social Welfare, appearing for the respondents submits that since the petitioner filed a statutory appeal before the 1st respondent, the present writ petition cannot be maintained and the Government would dispose of the appeal filed by the petitioner, dated 06.01.2020, by passing appropriate orders thereon in accordance with law.
In the facts and circumstances of the case, without going into the merits of the case, the Government-1st respondent is directed to dispose of the appeal of the petitioner, dated 06.01.2020, if it is pending before him, strictly in accordance with law, as expeditiously as possible, preferably, within a period of three (3) months from the date of receipt of a copy of this order.
Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
_________________________________ KONGARA VIJAYA LAKSHMI, J.
Date: 08.01.2020 BL 3 HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI Writ Petition No. 763 of 2020 Dated : 08.01.2020.
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