THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Contempt Case No.1447 of 2009 ORDER: This Contempt Case has been filed complaining disobedience of the order, dated 05-02-2009 passed in W.P.M.P.No.2436 of 2009 in W.P.No.1923 of 2009. The petitioner filed the Writ Petition complaining inaction of the authorities on the representation, dated 29-12-2008 submitted by him questioning the genuineness of the nativity certificate produced by Mallula Syamala. An interim order came to be passed in the said Writ Petition, which reads as hereunder: “There shall be interim direction to the first respondent to consider the representation dated 29-12- 2008 and pass appropriate orders, in accordance with Rules in force, within a period of six weeks from the date of receipt of a copy of this order.” The petitioner filed the Contempt Case complaining disobedience of the interim order passed in W.P.M.P.No.2436 of 2009. Notice before admission came to be ordered on 22-10- 2009. The learned Government Pleader for Social Welfare representing the respondent submit that the order passed in W.P.M.P. has been complied with and accordingly the proceedings, dated 17-11-2009 have been issued and a copy of the proceedings also placed on record. Heard the learned counsel appearing for the petitioner Learned counsel appearing for the petitioner submits that the application of the petitioner has not been considered in accordance with the A.P. (S.Cs., S.Ts. & B.Cs.) Issue of Community, Nativity and Date of Birth Certificates Rules, 1997 and therefore the respondent is liable to be punished for violation of the interim order, dated 05-02-2009 passed in W.P.M.P.No.2436 of 2009 in W.P.No.1923 of 2009. Per contra, learned Government Pleader for Social Welfare submits that the respondent considered the representation, dated 29-12-2008 submitted by the petitioner and conducted an enquiry and thereupon issued the proceedings, dated 17-11-2009 and communicated the same to the petitioner and therefore there is no violation of the order passed by this Court in W.P.M.P.No.2436 of 2009 in W.P.No.1923 of 2009. Learned counsel appearing for the petitioner by referring Rule 9 of A.P. (S.Cs., S.Ts. & B.Cs.) Issue of Community, Nativity and Date of Birth Certificates Rules, 1997 contends that it is the Screening Committee, which is competent to consider the fraudulent claims and submit report and thereupon the District Collector has to consider the Screening Committee report and pass appropriate orders. There being no Screening Committee Report, the order passed by the respondent does not amount to compliance of the interim directions given in W.P.M.P.No.2436 of 2009 in W.P.No.1923 of 2009. I have gone through the Rule 8 (e) of the Rules, which reads as hereunder: “The Chairman of the Scrutiny committee i.e., Joint Collector of the District, shall send the recommendations of the committee to the Competent Authority stating clearly whether the community claim of the person in question or his or her children, is genuine or false with reasons thereof, within 45 days from the date of the receipt of the case referred to it by the Competent Authority.” A plain reading of the afore referred Rule indicates that the role of the Screening Committee comes into picture when the community of the applicant is in dispute. Such dispute is not raised by the petitioner in this case. Prima facie the issuance of the proceedings by the respondent on 17-11-2009 amounts to substantial compliance of the direction given by this Court in W.P.M.P.No.2436 of 2009 in W.P.No.1923 of 2009. Hence, the Contempt Case is dismissed, however, the petitioner is at liberty to challenge the proceedings issued by the respondent on 17-11-2009 in accordance with Rules. There shall be no order as to costs. __________________________ B.SESHASAYANA REDDY, J. 03rd December, 2009. skmr THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Contempt Case No.1447 of 2009 Date 03-12-2009 Between : Peyyala Surendra .. Petitioner And Smt.Vani Prasad, District Collector, West Godavari District, Eluru .. Respondent