IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO WRIT PETITION NO : 10337 of 2009 Between: 1 K. Upendra Chari S/o. Thirupathaiah O/o. Revenue Divisional Officer, Kurnool. R/o. Govardhana Giri Village, Veldurthy Mandal, Kurnool District. 2 K. Brahmaiah S/o. K. Venkateshwaraiah Presently working at Gudur. R/o. Lakshminagaram Village, Veldurthy Mandal, Kurnool District. ..... PETITIONER(S) AND 1 The Principal Secretary to Government Tribal Welfare Department Government of Andhra Pradesh, Secretariat, Hyderabad. 2 The District Collector & Dist. Magistrate Kurnool Dist. and Chairman Kurnool. 3 The Revenue Divisional Officer Kurnool Kurnool Dist. 4 The Mandal Revenue Officer Veldurthy Mandal, Kurnool Dist. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 2nd Respondent in canceling the S.T. Certificates in Rc.Rc.No.C6/531/M/2007, dt. 28-03-2009 of the Petitioners without looking into law as illegal, improper, arbitrary and violative of principles of natural justice besides being violative of Articles 14, 16, 19, 21 and 309 of Constitution of India. Counsel for the Petitioner:MR.R.RAMANJANEYULU Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : ORDER: Heard the learned counsel for the petitioners and the learned Government Pleader for Home, and at their request, the writ petition itself is taken up for final disposal. In this writ petition, the petitioners’ grievance is only against non-granting of any interim order pending a substantive appeal before the Government as against the cancellation of S.T. Certificate, as per order dated 28/03/2009. The case of the petitioners is to the effect that even though they belong to ST Community, as per the notification issued the same was wrongly denied to and the certificate has been cancelled, and as against the said cancellation the petitioners filed an appeal to the Government and the same is still pending. The main grievance of the petitioner is that neither the appeal is disposed of nor any interim order has been passed. Hence, the writ petition. On considering the submissions made and also on perusal of the material on record, it is seen that in view of the pendency of the substantive appeal before the Government, it is needless to go into the merits of the case either way and it would suffice in the interest of justice to grant a stay pending disposal of the said appeal and the said appeal shall be disposed of at the earliest. Accordingly, the Writ Petition is disposed of directing stay of order dated 28/03/2009 pending the appeal which has already been filed before the Government and the Government shall dispose of the said appeal on merits and in accordance with law, after giving notice and opportunity to the petitioners, within a period of three months from the date of receipt of a copy of this order. No order as to costs. _________________ B.PRAKASH RAO, J Date: 21-05-2009 NOTE: Furnish C.C. by two days. B/o. SKM