THE HON'BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.9590 of 2010 Dated: 17.08.2011 Between: Padala Kodanda Rama and others … Petitioners AND The Tahsildar-cum-Competent Authority, Anakapalli mandal, Visakhapatnam district … Respondents This Court made the following : ORDER: The petitioners herein are residents of Sirasapalli village, Anakapalli mandal, Visakhapatnam district. It is stated that they belong to ‘Thurpu Kapu’, which comes under BC-D category and that they made an application requesting the respondent for issuance of Community Certificate. Though the said application, which was made in the prescribed form was received in the office of the respondent on 10-03-2010, the same has not been considered. Hence, the present writ petition seeking a writ of mandamus declaring the inaction on the part of the respondent is arbitrary and illegal. Heard the learned counsel for the petitioners as well as the learned Government Pleader for Social Welfare for respondent. Section 3 of the Andhra Pradesh (SC, ST & BCs) Regulation of Issue of Community Certificates Act, 1993 (for short, ‘the Act’) provides that any person belonging to backward class in order to make any benefit of reservation provided to such class may make an application in the prescribed form to the competent authority for issue of Community certificate. As per Rule 5 of the Andhra Pradesh (SC, ST & BCs) Regulation of Issue of Community Certificates Rules (for short, ‘the Rules’) made under the Act on receipt of such application the competent authority shall verify the information furnished by the applicant and if he is satisfied with the correctness of the information of the documents furnished, he shall issue the Community Certificate within 30 days of the receipt of the application. The material produced before this Court shows that the petitioners made the application in Form-II and the same was received in the office of the respondent on 10-03-2010. The copy of the acknowledgement received from the respondent’s office has been placed before this Court. It is also not disputed before this Court that the respondent herein is the competent authority for issuing the Community Certificate as provided under Section 3 of the Act. In the circumstances, the respondent is bound to consider the application made by the petitioners and pass appropriate orders as provided under Section 3 read with Rule 5 of the Rules. Accordingly, without expressing any opinion as to the petitioners’ claim for the Community Certificate, the writ petition is disposed of with a direction to the respondent to consider the petitioners’ application and pass appropriate orders, in accordance with law, as expeditiously as possible, preferably within a period of six (6) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. _____________ G. ROHINI, J August 17, 2011 Note: Furnish C.C. in three days.(B/o) Pn THE HON'BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.9590 of 2010 Dated: 17.08.2011 Note: Furnish C.C. in three days. (B/o) Pn