THE HON’BLE SRI JUSTICE B.PRAKASH RAO AND THE HONBLE DR.JUSTICE G.YETHIRAJULU WRIT APPEAL NO. 1513 OF 2004 DATED: 07-11-2005 Between S.Radhakrishnaiah son of Venkataswamy Aged 40 yrs, r/o Yathanuru village, Venklatagiri mandal, Nellore district. ….Appellant And 1.The Secretary, Department of Revenue, Govt. of A.P. Secretariat buildings, Hyderabad And 3 others …Respondents JUDGMENT (Per Sri B.Prakash Rao, J) Heard both sides and at their request, the main appeal itself is taken up for disposal. The appellant is the unsuccessful writ petitioner who seeks to assail the order rejecting the writ petition filed challenging the impugned order, dated 09- 03-1995 Though several questions were sought to be urged in the main writ petition, however, the learned single Judge refused to entertain the writ petition on the ground that the matter involves question of fact and also evidence in exercise of powers under Article 226 of the Constitution of India. The learned counsel appearing on behalf of the appellant submits that having regard to the provisions of the Andhra Pradesh (S.C, S.T. and B.Cs) Regulation of Issue of Community Certificate Act, 1993 and Rules, 1997, an appeal is being provided under Section 7 (2) of the Act and a liberty may be given to the appellant to approach the said appellate authority. There is no dispute to the fact that the writ petition was pending all along and the order was passed when the said Act was not came into force. Accepting the same, the appellant is at liberty to avail such remedy of appeal under Section 7 (2) of the Act. Therefore, we do not find any reasons to interfere with the order. Accordingly, the writ appeal is dismissed. The appellate authority shall dispose of the appeal on merits in accordance with law after giving notice and opportunity to both sides. No costs. ------------------------ B.PRAKASH RAO, J Dated: 07-11-2005. ------------------------ G.YETHIRAJULU, J Hsd