IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 26394 of 2008 Between: Gogulamanda Sarojini W/o.Ramaswamy R/o.Poolapalli, Palakol Mandal, West Godavari District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Secretary, Social Welfare Department, Secretariat, Hyderabad. 2 The District Collector, West Godavari District, Eluru. 3 The Tahsildar, Palakol Mandal, West Godavari District. 4 Smt. Kadali Rajyalakshmi @ Gollapalli Rajyalakshmi W/o.Gollapalli Krupavara Prasad Poolapalli, Palakol Mandal, West Godavari 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 will be pleased to issue a Writ of Mandamus or any other appropriate Writ, order or direction declaring the action of the District Collector, West Godavari District, Eluru, 2nd Respondent herein in not taking any action on the complaint dt. 22.7.2008 submitted by the Petitioner herein with regard to the S.C. Community Certificate issued by the 3rd respondent herein in favour of the 4th respondent herein as illegal, arbitrary, unreasonable, violative of Article 14 of the Constitution of India and opposed to the very spirit and object of the provisions of Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 and the Rules framed the under and consequently direct the District Collector, West Godavari District, Eluru, 2nd respondent herein to take appropriate action on the complaint dt. 22.7.2008 submitted by the Petitioner herein with regard to the S.C. Community Certificate issued by the 3rd Respondent herein in favour of the 4th Respondent herein and pass such further order or orders. Counsel for the Petitioner: MR.A.V.SESHA SAI Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 26394 of 2008 O R D E R: This writ petition is filed seeking a declaration that the action of the 2nd respondent in not taking action on the complaint dated 22-07- 2008 filed by the petitioner is arbitrary and illegal. The petitioner, who was unsuccessful to the Office of Sarpanch of Poolapalli Grampanchayat filed Election O.P.No.1 of 2007 on the file of the Election Tribunal-cum-Junior Civil Judge, Palakol stating that the elected candidate, who is the 4th respondent herein, does not belong to Scheduled Caste Community, as such, she is disqualified to contest to the post of Sarpanch. When an application is filed in the said O.P. about its maintainability, the same was rejected, against which CRP.No.2595 of 2008 was filed and a learned Judge of this Court, while disposing of the said revision, has clearly observed that there is no prohibition for the petitioner to raise the ground that was raised in the said O.P. even before the competent authority like District Collector, who, in turn, holds an enquiry. Pursuant to the said observations made by this Court, it appears that the petitioner approached the District Collector and gave a complaint on 22-07-2008. As no orders have been passed thereon, the petitioner approached this Court by way of present writ petition. Heard the learned counsel for both the parties and perused the material on record. Cancellation of the false Caste Certificate is dealt with under Section 5 of the Andhra Pradesh (SC,ST and BCs) Regulation of Issue of Community Certificates Act, 1993. When once an application is received by the competent authority, i.e. the District Collector, he is bound to hold an enquiry into the genuineness of Community Certificate and record a finding. As it is the case of the petitioner that she approached the District Collector and made a complaint against the Caste status of the 4th respondent, in my considered view, the District Collector should have initiated enquiry against the 4th respondent. Accordingly, this writ petition is disposed of directing the 2nd respondent i.e. the District Collector, West Godavari, Eluru, to hold a detailed enquiry into the Caste status of the 4th respondent and pass necessary orders. Such exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. It is needless to observe that the District Collector shall put the 4th respondent on notice about the enquiry and it is open for the 4th respondent to produce all the relevant documentary evidence to establish that she belongs to Scheduled Caste Community. No costs. _______________________________ GOPALA KRISHNA TAMADA,J Date: 03-12-2008 KLP