THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 28059 of 2010 O R D E R: Heard Sri P. Jagadish Chandra Prasad, learned counsel for the writ petitioners and the learned Government Pleader for Social Welfare and with their consent, this Writ Petition is taken up for disposal. This Writ Petition has been instituted calling in question the orders passed by the District Collector and Magistrate, Chittoor on 06.12.2009 cancelling the social status certificate issued by the Mandal Revenue Officer, Madanapalle in favour of the writ petitioners against which order, they have preferred an appeal under Section 7(2) of the Andhra Pradesh (SC, ST & BCs.) Regulation of Issue of Community Certificates Act, 1993. When they sought for stay of the operation of the proceedings of the District Collector, dated 06.12.2009, pending consideration of the appeal, the State Government in Social Welfare Department passed orders on 18.06.2010 rejecting the stay application. It is tersely observed that there are no valid grounds for grant of stay. The State Government has not assigned any other reason why it had come to the conclusion that there are no valid grounds for staying the operation of the order passed by the District Collector. The balance of convenience also does not appear to have been assessed carefully. The petitioners herein are claiming social status as members belonging to Schedule Tribe and until and unless the operation of the proceedings of the District Collector is stayed during the pendency of the appeal, grave consequences can follow from the orders passed by the District Collector including launching of prosecution against them. In such circumstances, it would have been appropriate to strike a balance in the matter. Hence, I consider it appropriate to grant stay of the operation of the proceedings dated 06.12.2009 passed by the District Collector and Magistrate, Chittoor cancelling the social status certificate issued in favour of the writ petitioners earlier by the Mandal Revenue Officer, Madanapalle until the disposal of the appeal by the Government. However, the writ petitioners shall not henceforth claim any benefits including claiming as members belonging to Scheduled Tribe for any purpose whatsoever, until the State Government allows their appeal agreeing with their contentions. It is appropriate that the Government shall take up the appeal for consideration and decide the same on merits, after providing an opportunity of hearing to the petitioners herein within a maximum period of six months from the date of receipt of a copy of this order. With this, the Writ Petition stands disposed of. No costs. ------------------------------------- NOOTY RAMAMOHANA RAO, J 19th November 2010 ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN}