IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 12950 of 2008 Between: Sudarshan S/o. Suraj Bali R/o.H.No.4-1-143/1, No.14 Basthi, Yellandu Town, Khammam District. ..... PETITIONER AND 1 The State of Andhra Pradesh, rep. by the District Collector, Khammam. 2 The Tahsildar, Yellandu Mandal, Khammam District. 3 The Revenue Divisional Officer, Kothagudem, Khammam District. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue appropriate writ, order or direction preferably in the nature of writ of mandamus declaring that the report of the 3rd respondent dated May, 2008 submitted to the respondent No.2 and the report dated 07.06.2008 bearing R.C.No.K/970/2008 of the 2nd respondent submitted to the 1st respondent are illegal, arbitrary, void and against to the principles of natural justice and much against to the legal and fundamental rights guaranteed in the constitution of India and against to the provisions of the Andhra Pradesh (Scheduled Caste, Scheduled Tribes and Backward Classes) Regulation of issue of Community Certiﬁcates Act, 1993 and consequently direct the 1st respondent not to cancel the caste certiﬁcate dated 26.12.2004 issued by the 3rd respondent without following due process of law and to may pass such other order or orders. Counsel for the Petitioner: MR.PALIVELASATYARAJA BABU Counsel for the Respondents.: GP FOR SOCIAL WELFARE The Court made the following : ORDER: This writ petition has been ﬁled by Sudarshan with a prayer to issue an appropriate writ, order or direction, preferably in the nature of writ of Mandamus declaring the report of the Tahsildar, Yellandu Mandal dated May, 2008 submitted to the Revenue Divisional Oﬃcer, Kothagudem and the report dated 07.06.2008 bearing RC No.K/970/2008 of the Revenue Divisional Oﬃcer, Kothagudem, submitted to the District Collector, Khammam, are illegal, arbitrary, void and against to the principles of natural justice. 2. The petitioner claims that he belongs to Padmasali caste, which comes under the Backward Classes community. He contested in the Municipal Elections for Ward No.15, Yellandu Town and Mandal on 24.09.2005. He became the successful candidate in the election with 580 votes and whereas his opponent viz., Lingala Sri Hari Kumar secured only 182 votes. Lingala Sri Hari Kumar and another ﬁled E.O.P.No.3 of 2005 on the ﬁle of the Election Tribunal-cum-Principal Senior Civil Judge, at Kothagudem, Khammam District. The said election petition came to be dismissed for default on 27.07.2007 and subsequently restored to ﬁle as per Orders in I.A.No.1377 of 2007 on 12.03.2008. Whileso, the Revenue Divisional Oﬃcer, Kothagudem, Khammam District-3rd respondent sent proposals to the District Collector, Khammam to cancel the caste certiﬁcate issued to the petitioner. Apprehending that the District Collector, Khammam District may cancel the caste certiﬁcate issued to the petitioner without putting him on notice, the petitioner approached this Court invoking the jurisdiction under Article 226 of the Constitution of India. 3. When the writ petition came up for admission, learned Assistant Government Pleader for Social Welfare received notice on behalf of the respondents 1 to 3. 4 Heard learned counsel appearing for the petitioner and learned Assistant Government Pleader for Social Welfare appearing for the respondents. 5. As seen from the material placed on record, the Revenue Divisional Oﬃcer, Kothagudem, Khammam District-3 rd respondent sent a proposal to the District Collector, Khammam for cancellation of the caste certificate issued to the petitioner. Under Section 5 of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certiﬁcates Act, 1993, the District Collector has to put on notice the aﬀected party before issuing proceedings for cancellation of the caste certificate issued to him. 6. In that view of the matter, the writ petition is disposed of at the admission stage directing the District Collector, Khammam to follow the procedure as contemplated under the provisions of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certiﬁcates Act, 1993 and the Rules framed thereunder before cancellation of the caste certificate issued to the petitioner. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:20th October, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}