IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 20363 of 2008 Between: P. Venkata Rao S/o. Late Atchayya, Operations Department, Visakh Refinery, Hindustan Petroleum Corporation Ltd., Visakhapatnam, Visakhapatnan District. ..... PETITIONER AND 1 Government of Andhra Pradesh, Social Welfare Department (Tribal Welfare), Secretariat Hyderabad, Rep by its Principal Secretary, 2 The District Collector, Vizianagaram District, Vizianagaram. 3 The District Level Scrutiny Committee, Vizianagaram District, Vizianagaram. 4 The Hindustan Petroleum Corporation Ltd., Visakha Refinery, Visakhapatnam, Visakhapatnam District, Rep by its General Manager. .....RESPONDEN(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 of Mandamus or any order appropriate Writ, order direction declaring the action of the 1st respondent in not passing any orders on the Interlocutory Application ﬁled in Appeal dated 6-9- 2008 ﬁled by the petitioner herein against the proceedings (M) R.Dis.No.621/2007-C5 Dated 17-7-2008 issued by the District Collector, Vizianagaram District 2nd respondent herein as illegal, arbitrary, violative of Articles 14 and 21 of the Constitution of India and pass Counsel for the Petitioner:MR.A.V.SESHA SAI Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : O R D E R: This writ petition has been ﬁled by P.Venkata Rao, assailing the action of the ﬁrst respondent in not passing any orders on the interlocutory application ﬁled by him against the orders passed by the District Collector, whereby and whereunder, social status conferred on the petitioner came to be cancelled. The learned counsel for the petitioner claims that he belongs to Jatapu Scheduled Tribe. The proceedings have been initiated for cancellation of the certiﬁcate issued in his favour. The District Collector after considering the report of the District Level Scrutiny Committee, proceeded to cancel the certiﬁcate issued in favour of the petitioner, dated 17.07.2008. Assailing the orders passed by the District Collector, the petitioner ﬁled appeal as provided under Section 7 (2) of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes & Backward Classes) Regulation of Issue of Community Certiﬁcate Act, 1993. He also moved an application seeking interim suspension of the proceedings issued by the District Collector. Since the Government has not passed any orders in either of the appeal or on the stay application, the petitioner has approached this Court invoking jurisdiction under Article 226 of the Constitution of India. When the writ petition came up for admission, the learned Government Pleader received notice on behalf of the respondents 1 to 3. The factual aspect of the petitioner ﬁling the appeal before the first respondent is not contraverted. In that view of the matter, the writ petition is disposed of directing the respondents to consider the appeal and pass appropriate orders. The proceedings issued by the District Collector shall remain in suspension till the conclusion of the appeal or till the disposal of the stay application ﬁled by the petitioner, whichever are earlier. No order as to costs. ______________________ B.SESHASAYANA REDDY J., Dt.17.09.2008 tjs ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Principal Secretary, Government of Andhra Pradesh, Social Welfare Department (Tribal Welfare), Secretariat Hyderabad. 2 The District Collector, Vizianagaram District, Vizianagaram. 3 The District Level Scrutiny Committee, Vizianagaram District, Vizianagaram. 4 The General Manager, Hindustan Petroleum Corporation Ltd., Visakha Refinery, Visakhapatnam, Visakhapatnam District. 5.2CD copies