IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON’BLE SRI JUSTICE SANJAY KUMAR W.P.No.25746 OF 2002 Date:15-02-2011 Between:- T.Satyanarayana .. Petitioner And The Govt. of A.P., rep.by the Principal Secretary, Revenue Department, Hyderabad and two others. .. Respondents ORDER:- Aggrieved by the proceedings dated 17-10-2002 passed by the District Collector, Khammam, cancelling his caste certificate and ordering initiation of criminal prosecution, the petitioner filed the present case. 2. This Court, by interim order dated 31-12-2002, directed that the petitioner shall not be prosecuted pursuant to the cancellation of his caste certificate while making it clear that the caste certificate shall remain cancelled pending disposal of the writ petition and that the petitioner would not be entitled to claim any benefit thereunder. 3. It is now brought to my notice by the learned counsel for the petitioner that a similar case in W.P.No.23500 of 2002 was dismissed by this Court by order dated 12-02-2009. A copy of the said order is placed on record and reflects that this Court, taking note of the fact that the remedy of an appeal is provided against an order of cancellation of a caste certificate, relegated the petitioners therein to the said remedy while protecting them from prosecution till such time. 4. For reasons alike, as Section 7(2) of the Andhra Pradesh (S.C., S.T. & B.C) Regulation of Issue of Community Certificates Act, 1993 provides for an appeal against an order passed by the District Collector under Section 5 thereof, cancelling a caste certificate, the petitioner is directed to avail the said remedy within three (3) months from today. Upon such appeal being filed, the appellate authority shall entertain and dispose of the same on merits in accordance with law without raising an objection as to expiry of the limitation, as the petitioner erroneously approached this Court against the said order of cancellation in the first instance. As this Court granted stay of prosecution while denying the petitioner the benefit of the caste certificate which was cancelled, by interim order dated 31-12-2002, the said order shall continue to remain in force for a period of three (3) months from today during which time the petitioner shall avail the appellate remedy and seek appropriate interim relief therein. 5. The writ petition is disposed of with the above directions. There shall be no order as to costs. ____________________ SANJAY KUMAR, J 15th February, 2011 Note: Furnish C.C. within one week. (B/o) AMD