IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 14256 of 2008 Between: K.E.Prem Kumar S/o.Moses R/o.H.No.11-85, Chagalamarri village & Mandal Kurnool District ..... PETITIONER AND 1 The Govt of AP., rep.by its Principal Secretary Social Welfare (CV.1)Dept., Secretariat, Hyderabad 2 The District Collector, & District Magistrate, Kadapa District, Kadapa 3 The Manadal Revenue officer,Gopavaram Mandal Jammalamadugu,Kadapa District 4 St.Paul`s Church Badvel, At Badvel Kadapa district rep.by its Rev.K.R.P.Jayakumar, Priest CSI.,(The then) Present Working at CSI Chirst Chruch Pastorate-I,Opp:Children`s Park, Near Police control Room,. Kurnool, Kurnool District 5 T.K.Madhu Kumar, Sanitary Inspector, Badvel Gramapanchayat, O/.o.Gram Panchayat Badvel badvel, Kadapa District .....RESPONDENT(S) 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 order or direction more particularly one in the nature of writ of mandamus declaring the action of the 1st respondent in not giving notice of hearing Appeal filed by the petitioner dated 27.12.2006 against the order dated 30.11.2006 of the 2nd respondent even after lapse of 1 1/2 year as arbitrary, illegal, unjust and in violation of principles of natural justice and consequently direct the 1st respondent to issue notice of hearing forthwith on petitioner appeal dated 27.12.2006 and after hearing the petitioner arguments consider and dispose of petitioner appeal dated 27.12.2006 till the disposal of petitioner appeal not to take any steps order dated 30.11.2006 of the 2nd respondent as otherwise petitioner will suffer serious loss and great hardship and pass Counsel for the Petitioner:MR.CHALLASIVASANKAR Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 14256 OF 2008 ORDER: 1. This writ petition has been filed by K.E. Prem Kumar with a prayer to issue writ of Mandamus declaring the action of the Government of Andhra Pradesh represented by its Secretary Social Welfare Department-1st Respondent in not taking up his appeal filed by him assailing the order dated 30-11-2006 passed by the District Collector and District Magistrate, Kadapa District, Kadapa-2nd Respondent as illegal and arbitrary. 2. Heard learned counsel appearing for the petitioner and learned Government Pleader for Social Welfare appearing for the Respondents No.1 to 3. 3. It appears the petitioner questioned the social status of T.K.Madhu Kumar-5th Respondent. The District Collector and District Magistrate-2nd Respondent after enquiry confirmed the status of T.K.Madhu Kumar-5th Respondent as person belonging to S.C. Community. Assailing the said order, the petitioner filed appeal before the 1st Respondent. He also moved application seeking interim suspension of the social status granted to 5th Respondent. His interim suspension application is dismissed. Since the appeal is not being taken up for final hearing the petitioner chooses to invoke the jurisdiction of this Court under Article 226 of the Constitution of India with a prayer stated supra. 4. Indisputably, the appeal filed by the petitioner before the 1st Respondent questioning the social status conferred on 5th Respondent by the 2nd Respondent is pending consideration. 5. In that view of the matter, this writ petition is disposed of directing the 1st Respondent to consider the appeal filed by the petitioner and pass appropriate orders as expeditiously as possible preferably within eight weeks from the date of receipt of a copy of this order. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 4th July, 2008. Note: C.C. in a week. B/o KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 14256 OF 2008 4th July, 2008.