IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 13797 of 2007 Between: 1 Labala Nagabhushana Rao, S/o. Laxmana, T.W. School,Kothaguda,G.L. Puram Mandal, Vizianagaram Dist. 2 Labala Manmadha Rao, S/o. Laxmana, Police Constable, P.S.Garugubilli Mandal Dist Viziznagaram. 3 Dr. Labala Vishnu, S/o. Laxmana, Veterinary Dispensary, Ramachandrapuram Mandal & Dist Vizianagaram. ..... PETITIONER(S) AND 1 The Tahsildar, Gummalaxmipuram, Vizianagaram Dist. 2 The Joint Collector, Vizianagaram. 3 The Dist Collector, Vizianagaram. .....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 an order, direction or writ particularly one in the nature at writ of Mandamus, declaring the in action of the respondents in not issuing the caste certificate of S.T. "Jatapu" to the children of the petitioners since 2002, even after submission of enquiry report in the year 1991,2002 and 2005 and also declaring that there is no legal hurdle in issuing S.T. Certificate to the petitioners children and causing enormous delay is highly illegal, irregular, against the principles of natural justice, equity and fair play and unconstitutional, and prays to direct the respondents to release the caste certificate of S.T."Jatapu" to the children of the petitioner without any further delay as issued to them long back, and pass such other order or orders. Counsel for the Petitioner: MR.CH.GANESH Counsel for the Respondents: GP FOR SOCIAL WELFARE The Court made the following : O R D E R: This writ petition has been filed by the petitioners who are three in number assailing the inaction of the respondents in not considering their applications for grant of caste certificate. It is stated in the writ affidavit that the petitioners submitted applications to the Mandal Revenue Officer, Gummalaxmipuram for grant of caste certificate and that the Mandal Revenue Officer has submitted his report dated 18.11.2002. In spite of the report no further proceedings have been taken out for grant of caste certificate as sought for by the petitioners in their representations. Respondent Nos.1 to 3 have filed counter affidavit. It is stated in the counter affidavit that as per the directions of the Collector, Vizianagaram, the Revenue Divisional Officer, Parvathipuram has issued instructions to Tahsildar, Gummalaxmipuram Mandal to serve notice to Labala Nagabhushan Rao and his family members through special messenger to attend before the Revenue Divisional Officer on 25.5.2007 for enquiry with regard to social status and to prove the same. The enquiry was postponed by the Revenue Divisional Officer, Parvathipuram due to administrative reasons. Heard learned counsel appearing for the petitioners and learned Government Pleader for Social Welfare on behalf of the respondents. Learned counsel appearing for the petitioners submits that the petitioner’s children appeared for EAMCET examination and secured ranks and counseling is yet to take place and in the event of caste certificates not being issued to the children of the petitioner there is every likelihood of their losing admission in the reserved quota. Learned Government Pleader for Social Welfare appearing on behalf of the respondents submits that enquiry is pending before the Revenue Divisional Officer, Parvathipuram and therefore the social status certificates could not be issued to the children of the petitioner. Under Rule 19 of The Andhra Pradesh S.C., S.T. and Backward Classes – Issue of Community, Nativity and Date of Birth Certificates Rules, 1997, the concerned Tahsildar is empowered to issue provisional community certificate. In view of Rule 19 of The Andhra Pradesh S.C., S.T. and Backward Classes – Issue of Community, Nativity and Date of Birth Certificates Rules, 1997, this writ petition is disposed of directing the 1st respondent herein-Tahsildar, Gummalaxmi- puram, Vizianagaram District to issue provisional community certificate to the petitioners so as to enable them to seek admission in respective professional courses. The provisional community certificate shall be subject to the result of the enquiry pending before the Revenue Divisional Officer, Parvathipuram. The Revenue Divisional Officer, Parvathipuram is further directed to complete the enquiry and submit his report within a period of three months from the date of receipt of a copy of this order. No costs. 18th June 2008. (B.Seshasayana Reddy,J) tnb ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 13797 of 2007 Posted in web 18TH June 2008.