THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE B.N.RAO NALLA WRIT APPEAL No.54 of 2010 Dated:02.02.2010 Between: Vemuri Surya Rao, And others. …Appellants and The Secretary to Government, Tribal Welfare Department, Government of Andhra Pradesh, And another. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE B.N.RAO NALLA WRIT APPEAL No.54 of 2010 JUDGMENT: (per Hon’ble Sri Justice V.V.S.Rao) The first appellant is the father and appellant Nos.3 to 5 are his sons. They filed the instant writ appeal feeling aggrieved by the order dated 19.12.2008 in W.P.No.9604 of 2002 passed by the learned single Judge whereby and whereunder the order of the Government – first respondent herein; in G.O.Ms.No.101, Social Welfare (CV.2) Department, dated 29.10.2001, was upheld and the appellants’ writ petition was dismissed. The appellants obtained community certificates showing that they belong to Kondakapu – a scheduled tribe community. The Sub-Collector, Rampachodavaram, conducted enquiry and by proceedings dated 03.11.1988 cancelled the community certificates obtained by the appellants. They filed W.P.No.18015 of 1988 before this Court. On 01.07.1996 the same was allowed, and the matter was remitted to the District Collector (second respondent) for fresh enquiry. In pursuance thereof, the second respondent got enquired into the social status by the District Level Scrutiny Committee, which submitted its findings to the District Collector. The District Collector accepted the findings and cancelled the community certificate issued to the appellants by proceedings dated 28.10.2000. The appellants filed W.P.No.1161 of 2001, but after withdrawing the same, they filed appeal before the Government under Section 11(2) of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 (the Act, for brevity). The Government rejected the appeal by orders in G.O.Ms.No.101, dated 29.10.2001. The reasons recorded by the learned single Judge are as below. It is a matter of record that the caste of the father of petitioners 1 and 2 was shown as ‘Vysya’ in a registered sale deed, dated 17.02.1943. The caste of several persons with ‘Vemuri’ surname from the same Village was mentioned as ‘Kapu’ in the Birth Registers maintained in the years 1939, 1955, 1951 and 1953. The entries in the school records were also found to be on the same lines. The Act and the Rules mandate that the social status of the Scheduled Tribes must be determined mostly on the basis of the spot verification and existing practices in the families. Obviously for this reason, the second respondent conducted an open enquiry in the village. In one voice, the villagers stated that the petitioners and their family belong to Turpukapu community. Petitioners 1 and 2 have claimed that they belonged to Kapu community. None of the petitioners have claimed the status of Kondakapu, much less they have substantiated their claim. It has also come on record that all the petitioners are married to the persons, who do not belong to Kondakapu community. Marriages were with the persons of Kapu or Turupukapu from the planes with such preponderance of evidence to suggest that the petitioners do not belong to Kondakapu. Hence, this Court is not inclined to interfere with the impugned order. Learned Counsel for the appellants submits that adequate opportunity was denied to his clients, and that the revenue Officials while recording the statements of the villagers did not put the appellants on notice. According to the learned Counsel reliance placed by the learned Judge on spot verification conducted by revenue Officials is erroneous. We are not persuaded with any of the submissions made by the learned Counsel. Under Section 6 of the Act whenever an application is made to the competent authority for issue of community certificate in respect of Scheduled Caste, Scheduled Tribe or Backward Classes or whenever enquiry is conducted by the District Collector, the burden of proving that he/she belongs to such caste vests on the claimant. In this case the appellants failed to discharge the burden. Secondly, during the enquiry it was revealed that the parents of the first appellant had two daughters – Appayamma and Kantham; and both of them are married to persons belonging to Kapu community. It was further found that sons of first appellant were Kapus and they married to Kapu girls. Learned single Judge noticed this factual background and dismissed the writ petition. The submission that the appellate order in G.O.Ms.No.101 is bereft of reasons cannot be accepted. We have gone through the said Government Order and are convinced that the Government properly applied their mind and noticed various submissions and came to the conclusion that no interference is called for in respect of District Collector’s order. When the appellate authority confirms the order of the original authority, it is trite, elaborate reasons are not necessary. The Writ Appeal is devoid of any merit and is accordingly dismissed. There shall be no order as to costs. _______________ (V.V.S.RAO, J) ________________ (B.N.RAO NALLA, J) 02.02.2010 vs