IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 17188 of 2008 Between: Kanapu Seetha Ramamurthy S/o.late Latchaiah 30-73-13 Kanithi Vadlapudi RH Colony Visakhapatnam ..... PETITIONER AND 1 The Govt of A.P rep.by its Principal Secretary Social Welfare Department Secretariat,Hyderabad 2 The District Collector Visakhapatnam District Visakhapatnam 3 The Joint Collector Cun Chairman District Level Security Committee Visakhapatnam 4 The General Manager Rashtriya 1spat Nigam Ltd Visakhapatnam Stell Plant Visakhapatnam .....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 any writ or order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the 1st respondent in granting stay in an interlocutory application seeking suspension of the proceedings of the District Collector Visakhapatnam Issued in (M) R Dis No.139/97/C5 dt.04-01-2008 pending disposal of the appeal under Section 7(2) of the A.P(S.C,ST and BC) Regulation of Issue of Community Certiﬁcates act 1993 as arbitrary illegal and unconstitutional. Counsel for the Petitioner: MR.B.V.KRISHNA RAO Counsel for the Respondent Nos.1to3: GP FOR SOCIAL WELFARE The Court made the following : ORDER: This writ petition has been ﬁled by Kanapu Seetha Ramamurthy with a prayer to issue an appropriate writ, order or direction, more particularly, one in the nature of writ of Mandamus declaring the inaction of the Government of A.P. rep. by its Principal Secretary, Social Welfare Department, Hyderabad-1st respondent in granting stay in an interlocutory application seeking suspension of the proceedings in (M) R.Dis.No.139/97/C5, dated 04.01.2008, issued by the District Collector, Visakhapatnam-2nd respondent pending disposal of the appeal. 2. The petitioner claims that he belongs to Mala community, which is a scheduled caste. He is native of Peda Nadupuru village, Padagantyada Mandal, Visakhapatnam District. His father died while he was in the womb of his mother. His maternal grandfather looked after him and his mother. The Rashtriya Ispat Nigam Limited-4th respondent acquired the lands of his maternal grandfather for establishing steel plant. The 4th respondent-Establishment had issued ‘R’ card to his maternal grandfather in view of the acquisition of land. The purpose of giving ‘R’ card is that the land loser will get either compensation or a job in the 4th respondent Establishment. He made an application to the Mandal Revenue Oﬃcer, Pedagantyada Mandal, Visakhapatnam District, for issuance of caste certiﬁcate in the year 1988. The concerned Revenue Oﬃcials conducted thorough enquiry and issued caste certiﬁcate to him vide proceedings No.115/88/A, dated 01.03.1988. As per the certiﬁcate, he belongs to S.C. (Mala caste). He joined in the 4th respondent Establishment as Assistant Technical Trainee. Thereafter, promoted to various posts. Presently he is working as Charge Man (W)(O) in the 4th respondent Establishment. The District Level Committee made certain enquiry and submitted report. 2nd respondent acting on the report of the District Level Committee issued show-cause notice proposing cancellation of the social status certiﬁcate of the petitioner. The petitioner submitted explanation to the show-cause notice. The District Collector-2nd respondent by order dated 04.01.2008 cancelled the caste certiﬁcate issued to the petitioner. The order passed by the District Collector, Visakhapatnam-2nd respondent has been challenged by the petitioner before the Government of A.P. rep. by its Principal Secretary, Social Welfare Department-1st respondent. He also moved stay application pending the appeal. Apprehending disciplinary action against the petitioner pending the appeal, he approached this Court invoking the jurisdiction under Article 226 of the Constitution of India. 3. On 07.08.2008 when the writ petition came up for admission, learned Government Pleader for Social Welfare received notice on behalf of the respondents 1 to 3. An interim suspension has been granted vide W.P.M.P.No.22309 of 2008 on 07.08.2008 and subsequently the same came to be extended from time to time. 4. Heard learned counsel appearing for the petitioner and learned Government Pleader for Social Welfare appearing for the respondents 1 to 3. 5. Learned counsel appearing for the petitioner submits that the petitioner ﬁled an appeal before the 1st respondent and pending consideration of the appeal if any disciplinary action against the petitioner is initiated, he would be put to great loss and hardship. 6. The factual aspect of the petitioner ﬁling appeal before the 1st respondent is not controverted by the learned Government Pleader for Social Welfare appearing for the respondents 1 to 3. 7. In that view of the matter, the writ petition is disposed of directing the 1s t respondent to dispose of the appeal preferred by the petitioner against the order of the 2nd respondent as expeditiously as possible, preferably within four weeks from the date of receipt of a copy of this Order. Pending the appeal, the proceedings vide (M) R.Dis.No.139/97/C5, dated 04.01.2008, issued by the 2nd respondent shall remain suspended. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:25th September, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}