IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 11992 of 2008 Between: Adivasi Girijana Hakkula Parirakshana Samiti ( reg.No. 420/97 ), Yandavalli, Gangavaram Mandal, East Godavari District, rep. by its President Kotam Managa Rao Dora. ..... PETITIONER AND 1.The District Collector, East Godavary District at Kakinada. 2.The Project Officer, Integrated Tribunal Development Agency, Rampachodavaram, East Godavary District at Kakinada. 3.The Revenue Divisional Officer/Sub-Collector, Rampachodavaram, E.G.District. 4.The Tahsildar, Addateegala, East Godavari District. 5.The Commissioner ( Tribunal Welfare ), Hyderabad. 6.Yerramsetti Surya Rao S/o. Late Subbaraju R/o. Gondelu Village, Addateegala Mandal, East Godavari District. 7. Yerramsetti Nooka Raju S/o. Late Subbaraju R/o. Gondelu Village, Addateegala Mandal, East Godavari District. 8. Yerramsetti Appala Raju S/o. Late Subbaraju R/o. Gondelu Village, Addateegala mandal, East Godavari District. 9. Yerramsetti Ammaji D/o. Late Subbarajku Gangavaram Village and Mandal, E.G.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 appropriate writ or order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents 1 to 5 in not taking any action on the representations submitted by the petitioner dt. 2-8-2007 and 5-9-2007 to conduct an enquiry into the social status of the respondents 6 to 9 as illegal, arbitrary and contrary to the provisions of A.P.(S.C., S.T., & B.C. ) Regulation of Issue of Community Certiﬁcates Act, 1993 and consequently direct the respondents 1 to 5 to take appropriate action as per law on the representations of the petitioner in the interest of justice. Counsel for the Petitioner: MR.K.VENKATESH Counsel for the Respondent Nos.1 to 5: GP FOR SOCIAL WELFARE Counsel for the Respondent Nos.6 to 9: MR.BADANA BHASKARARAO The Court made the following : O R D E R : This writ petition has been ﬁled by Aadivasi Girijana Hakkula Parirakshana Samiti represented by its President Kotam Manga Rao Dora assailing the inaction of the respondents 1 to 5 on the representations made by it with regard to the social status of the respondents 6 to 9. 2. Kotam Manga Rao Dora has sworn to the writ aﬃdavit. It is stated in the writ aﬃdavit that the respondents 6 to 9 did not belong to Scheduled Tribe and that they belong to Kapu community and obtained false community certiﬁcates issued by various revenue authorities. Representations have been submitted to the respondents 1 to 5 on 02.08.2007 and 05.09.2007. There being no action taken by the respondents 1 to 5 on the said representations, the petitioner approached this Court invoking the jurisdiction under Article 226 of the Constitution of India. 3. Notice before admission came to be ordered on 12.06.2008. Learned Government Pleader for Social Welfare received notice on behalf of the respondents 1 to 5. Respondents 6 to 9 received notice and entered appearance through a counsel. 4. Heard learned counsel appearing for the petitioner and learned Government Pleader for Social Welfare appearing for the respondents 1 to 5 and learned counsel appearing for the respondents 6 to 9. 5. A fact remains that the petitioner submitted representations to the respondents 1 to 5 complaining that the respondents 6 to 9 secured false community certiﬁcates. In case of a complaint against the person securing false community certiﬁcate, a procedure has been prescribed under the provisions of the A.P. (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certiﬁcates Act, 1993, (for short, ‘the Act’), with regard to cancellation of false community certiﬁcate. The 1st respondent has to entertain the representations of the petitioner and conduct an enquiry as provided under the Act and the Rules framed thereunder putting on notice the affected parties. 6. In that view of the matter, the writ petition is disposed of at the admission stage directing the 1st respondent to consider the representations dated 02.08.2007 and 05.09.2007 submitted by the petitioner and pass appropriate orders thereon in accordance with the provisions of the Act and the Rules Framed thereunder after putting on notice the aﬀected parties. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:19th September, 2008. cs .....ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2CD copies Form-NIC-OGS/WP{KURR}