IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE TWELFTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 15136 of 2008 Between: Anantha Udaya Bhaskar Rao, S/o. Anantha Chakradhar Rao, R/o. Yellavaram Village, Addateegala Mandal, East Godavari District. ..... PETITIONER AND 1 Government of Andhra Pradesh, rep by its prl.Secretary, Panchayat Raj & Rural Dev. Department, A.P. Secretariat, Hyderabad. 2 The Chief Executive Officer, Zilla Parishad, East Godavari, Kakinada. 3 The District Collector, East Godavari District at Kakinada. 4 The Tahsildar, Addateegala Mandal, East Godavari Mandal, 5 The Mandal Development Officer, Addateegala Mandal, East Godavari Mandal. .....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 issue a writ or order or direction more particularly on in the nature of Writ of Mandamus declaring the proceedings in No.A1/Plg.i/2852/2008 dated 1-7-2008 of the 3rd respondent as highly illegal, arbitrary, unjust contrary to Section 5 of the Andhra Pradesh (SC's., STs., and BCs.,) Regulation of issue of Community, Nativity and Date of Birth Certificates Act, 1993 Sections 19 and 22 of the A.P Panchayat Raj Act, 1994 and consequently set aside the same. Counsel for the Petitioner: MR.D.V.NAGARJUNA BABU Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : ORAL ORDER: The petitioner, a Member of the Mandal Parishad Territory Constituency of Doramamidi/Konalova, was later elected as the President, Mandal Praja Parishad, Addateegala, an office reserved in favour of the Scheduled Tribes. On the ground that he did not belong to the Scheduled Tribes (Konda Kapu), a show cause notice was issued by the Chief Executive Officer, Zilla Parishad, on 10-06-2008 wherein reference is made to the cancellation of the Scheduled Caste status of the petitioner’s paternal uncle and the petitioner’s mother and the fact that the recommendations in the District Level Scrutiny Committee was confirmed by the Collector in his proceedings dated 17-05-2005 in exercise of the powers conferred under Section 5 (1) of Act 16 of 1993. After referring to Sections 11 and 12 of Act 16 of 1993, the Chief Executive Officer called upon the petitioner to show cause why he should not be held to have ceased to hold office as MPTC Member and consequently to the office of President, Mandal Praja Parishad which was reserved in favour of the Scheduled Tribes, based on his fraudulent community certificate. Curiously, while the show cause notice was issued by the Chief Executive Officer, Zilla Parishad, the final order dated 01-07-2008 is issued by the District Collector in exercise of the powers conferred under Sections 11 and 12 of the Andhra Pradesh (SC, ST & BCs) Regulation of Issue of Community Certificates Act, 1993 (Act 16 of 1993). While the said order dated 01-07-2008 refers to the show cause notice dated 10-06-2008, it also records that the petitioner’s community certificate was cancelled under Section 5 of Act 16 of 1993. No details as to when it was cancelled is discernable from the order. Sri D.V.Nagarjuna Babu, learned counsel for the petitioner, would raise several grounds, including that no order of cancellation was ever communicated to the petitioner and that, on the basis of non-existent order of cancellation, action is sought to be taken against him. A vacate stay petition is filed by respondents 6 and 7, on whose behalf Sri K.S.Murthy, learned counsel, would place before this Court a copy of the East Godavari District Gazette dated 09-09- 2008 whereunder the petitioner’s caste certificate is said to have been cancelled. Sri D.V.Nagarjuna Babu, learned counsel for the petitioner, would, however, express ignorance of any such memo whereby the petitioner’s caste certificate is said to have been cancelled. The notification in the District Gazette refers to the fact that the petitioner’s caste certificate as Konda Kapu was cancelled vide memo dated 05-08-2008 with retrospective effect. Both the said order dated 05-08-2008, and the gazette notification dated 09-09-2008, are subsequent to the impugned order dated 01-07-2008 and could not have formed the basis of the declaration under Sections 11 and 12 of Act 16 of 1993. Even accepting the contention urged on behalf of respondents 6 and 7, cancellation of the petitioner’s caste certificate is subsequent to the impugned order dated 01-07-2008 and could not have formed the basis of the declaration that the petitioner ceased to hold office. The impugned order dated 01-07-2008 is, accordingly, quashed. Needless to state that quashing of this order shall not preclude respondents 1 and 3 from taking necessary steps pursuant to the gazette notification dated 09- 09-2008 and pass orders afresh in accordance with law. It is also made clear that the petitioner would also be entitled to raise all such defences, as are available to him in law, in case action is taken against him in this regard. The Writ Petition stands disposed of accordingly. However, in the circumstances without costs. __________________ 04th December, 2008 SKM