IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 22908 of 2008 Between: 1.Kum. Prinyanka Bhati, D/o. Prabhu Dayal Bhati, R/o. H.No. 3-3-315, Kutbiguda, Kachiguda, Hyderabad. 2.Kum. Soniya Bhati, D/o. Prabhu Dayal Bhati, R/o. H.No. 3-3-315, Kutbiguda, Kachiguda, Hyderabad. 3.Master Chetan Bhati, S/o. Prabhu Dayal Bhati, R/o. H.No. 3-3-315, Kutbiguda, Kachiguda, Hyderabad. ..... PETITIONERS AND 1.The District Collector, Hyderabad District, having office at Chirag Ali Lane, Abids, Hyderabad. 2.The Tahsildar, Nampally Mandal, Nampally, Hyderabad. .....RESPONDENTS 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 appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring that the 2nd respondent has no right whatsoever to refuse to issue caste certiﬁcate or to cause any delay in disposal of the applications of the petitioners submitted by them to obtain caste certiﬁcates from the 2nd respondent in as much as the same would infringe the fundamental right of the citizens and consequently direct the respondents to issue the caste certiﬁcate to the petitioners on their applications dated 14-7-2008, immediately and forthwith. Counsel for the Petitioners: MR.MOHD.MOIN AHMED QUADRI Counsel for the Respondents: GP FOR REVENUE The Court made the following ORDER: THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No.22908 of 2008 Order: The petitioners, who belong to ‘Mali’ Community, which comes under BC-D Category, are said to have made applications, dated 14.07.2008, to the Tahsildar, Nampally Mandal, Nampally, Hyderabad, the second respondent, for issuance of Caste Certiﬁcates. Alleging inaction on the part of the second respondent in issuing the said certiﬁcates, the present writ petition has been filed. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue appearing for the respondents and at their request, the writ petition is taken up for final disposal at the admission stage. This Court disposed of similar writ petition in W.P.No.22430 of 2004 on 06.12.2004 observing as follows. “According to Rule 5(h) of the A.P. Scheduled Castes, Scheduled Tribes and Backward Classes-Issue of Community, Nativity and Date of Birth Certiﬁcates Rules, 1997 (for short ‘the Rules’), the Competent Authority shall conﬁrm or reject the claim for the Community, Nativity and Date of Birth Certiﬁcate, after conducting the enquiry as mentioned in the paras above, within a period not exceeding 60 (sixty) days from the date of receipt of the application by him in Form I/II.” In the instant case, the petitioners made their applications on 14.07.2008. As per Rule 5(h) of the A.P. Scheduled Castes, Scheduled Tribes and Backward Classes- Issue of Community, Nativity and Date of Birth Certiﬁcates Rules, 1997, though the second respondent is under obligation to pass appropriate orders within a period of 60 days, he has not passed any orders so far. Since the statutory period of 60 days for disposal of the applications of the present nature by the Competent Authority has already expired, the second respondent, namely, the Tahsildar, Nampally Mandal, Nampally, Hyderabad, who is the Competent Authority, is directed to consider and dispose of the applications of the petitioners for issuance of Caste Certiﬁcates expeditiously, within a period of four weeks from the date of receipt of a copy of this order, if not already disposed of. The writ petition is accordingly disposed of. No costs. ___________________ N.V. RAMANA, J. Date: 21.10.2008 VGB