THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO.2306 OF 2008 Dated 7th February, 2008 Between: Kalpam Srinivasulu …Petitioner And The Government of Andhra Pradesh Rep. by its Principal Secretary and three others …Respondents THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO.2306 OF 2008 O R D E R: Heard learned counsel for the petitioner and learned Government Pleader for Social Welfare for the respondents. At the stage of admission, the writ petition is being disposed of. In this writ petition, the petitioner questioned the validity of the order passed by the District Collector, Nellore-the second respondent in proceedings No. R.CC 5(M) 639/2007, dated 10-01-2008, whereby the District Collector, in exercise of the powers conferred by Andhra Pradesh (S.C., S.T. & B.Cs.) Regulation of Issue of Community Certificates Act, 1993 (for short “the Act”), cancelled the caste certificate issued to the petitioner. It is the case of the petitioner that he belongs to Budaga Jangam caste and on his application, after conducting a regular enquiry, caste certificate was issued to him certifying that he belongs to Budaga Jangam, which is notified as a Scheduled Caste. But, however, in view of the subsequent complaint that he does not belong to Budaga Jangam caste and he belongs to Jangam caste, which comes under B.C.-A category, proceedings were initiated for cancellation of the caste certificate and the District Collector, by the impugned order, cancelled the caste certificate. Sri M.Subrahmanyam, learned counsel for the petitioner, submitted that against the order of the District Collector, who is the primary authority under the provisions of the Act, the petitioner preferred an appeal, as provided under Section 7(2) of the Act, before the appellate authority-the first respondent on 05-02-2008 and the same is pending consideration. It is further submitted by the learned counsel that before issuance of the caste certificate regular enquiry was conducted by the Revenue Divisional Officer, but at the time of cancellation of the caste certificate, the enquiry, as contemplated under the provisions of the Act, was not conducted and without giving proper opportunity to the petitioner, the District Collector passed the impugned order, which is illegal and arbitrary. Inasmuch as the petitioner has already preferred an appeal questioning the validity of the order impugned in this writ petition, it is not necessary for this Court to deal with the various grounds raised in the writ petition. As much as the appeal is pending consideration and further the primary authority has also ordered for prosecution of the petitioner, while recording a finding that he had obtained the caste certificate by playing fraud, I dispose of the writ petition directing the appellate authority-the first respondent to dispose of the appeal preferred by the petitioner, as expeditiously as possible, preferably, within a period of four months from the date of receipt of a copy of this order. Till the disposal of the appeal, the order of the District Collector in Proceedings No. R.CC 5 (M) 639/2007, dated 10-01-2008 shall remain suspended. ____________________ R.SUBHASH REDDY,J Dated 7th February, 2008 Note:Issue C.C in two days (b/o) vrn