IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.652 of 2009 Between: 1 Madigani Adilakshmi D/o.Venkateshwarlu R/o. Ramnagar, Prasadpeta, Vetapalem Mandal, Prakasam District. 2 Madigani Vani D/o.Venkateshwarlu R/o. Ramnagar, Prasadpeta, Vetapalem Mandal, Prakasam District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, represented by its Principal Secretary, Social Welfare (CV.2) Department, Secretariat Buildings, Hyderabad. 2 The District Collector, Ongole, Prakasam District. 3 The Tahsildar, Vetapalem Mandal, Prakasam District. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ in the nature of Mandamus declaring that the order of the first respondent in Memo.No.11738/CV.2/2008-1 dated 02.01.2009 is illegal, arbitrary and violative of article 14 and 21 of the Constitution of India and set aside the same and pass such other order or orders. Counsel for the Petitioners: MR.T.L.KRISHNA PRASAD Counsel for the Respondents: GP FOR SOCIAL WELFARE The Court made the following: THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.652 OF 2009 ORDER: This writ petition is filed seeking a Mandamus declaring the order dated 02.01.2009 passed by the 1st respondent- Principal Secretary to Government of Andhra Pradesh, Social Welfare (CV.2) Department, as arbitrary and illegal. It appears, as a consequence to the enquiry conducted by the 2nd respondent- District Collector, Prakasam District, Ongole, pursuant to receipt of a complaint regarding the Caste Certificates obtained by the petitioners, the Caste Certificates issued by the Mandal Revenue Officer, Vetapalem, in favour of the petitioners, certifying that they belong to ‘Yerukala” Community recognized as Scheduled Tribe, were cancelled declaring that the petitioners belong to ‘Odde’ Community, which comes under Backward Class-A, by order dated 17.11.2008 of the 2nd respondent. Challenging the said order dated 17.11.2008, the petitioners preferred an appeal before the 1st respondent, along with a stay petition, and the appeal was taken on file, but the stay petition was rejected by the 1st respondent, by the impugned order dated 02.01.2009. The petitioners contend that their brother M. Srinivasa Rao also filed an appeal before the 1st respondent in similar circumstances and obtained interim orders, but they were denied of the same. In the facts and circumstances of the case, without expressing any opinion on merits, the writ petition is disposed of with the directions that the 1st respondent shall dispose of the appeal preferred by the petitioners within a period of six weeks from the date of receipt of a copy of this order, and if the appeal is not disposed of by that time, the order dated 17.11.2008 passed by the District Collector, Prakasham District, Ongole, shall not be given effect to. There shall be no order as to costs. _________________ JUSTICE C.V. RAMULU 22nd January, 2009. Note:- Issue CC in three days. BO IBL