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 : 24115 of 2008 Between: Ch. Samba Murthy S/o. Ch. Appayya Seethampeta, Kurupam Mandal, Vizianagaram District. ..... PETITIONER AND 1 Government of Andhra Pradesh, Social Welfare Department (Tribal Welfare) Secretariat Hyderabad, rep. by its Principal Secretary. 2 The Joint Secretary, Government of Andhra Pradesh, Social Welfare (CV.2) Department, Secretariat Hyderabad. 3 The Collector and District Magistrate, Vizianagarm District, Vizianagaram. 4 The District Level Scrutiny Committee, Vizianagarm District, Vizianagaram. 5 Integrated Tribal Development Agency, Parvathipuram, Vizianagarm District, rep. by Project Officer. .....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 Memo No.7805/CV.2/2008-I dt. 22.10.2008 issued by the Government of Andhra Pradesh, Social Welfare (CV.2) Department, rejecting the stay petition pending appeal filed by the petitioner herein as illegal, arbitrary, violative of articles 14 and 21 of the Constitution of India and opposed to the Principles of Natural Justice and pass 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 : 24115 of 2008 O R D E R: On the basis of the complaint given by the A.P. State Tribal Employees Association, the Collector and District Magistrate initiated an enquiry into the caste status of the petitioner. After conclusion of the said enquiry, the District Collector came to the conclusion that the petitioner does not belong to Jatapu caste, which is a Scheduled Tribe and accordingly, passed an order vide his proceedings, dated 21-07- 2008. Questioning the said order, the petitioner filed an appeal before the first respondent-Government along with an application seeking suspension of the same. However, the Government passed an order rejecting the said stay petition on 22-10-2008. Aggrieved by which, this writ petition is filed. Heard the learned counsel for both the parties and perused the material on record. As the appeal is very much pending before the Government and the petitioner is enjoying the status as Jatapu caste, which is a Scheduled Tribe, this Court is of the view that he can be permitted to have the said status during the pendency of the said appeal. Accordingly, the writ petition is disposed of suspending the order passed by the District Collector on 21-07-2008, pending disposal of the appeal. The first respondent is further directed to dispose of the appeal within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is accordingly disposed of. No costs. _______________________________ GOPALA KRISHNA TAMADA,J Date: 03-12-2008 KLP