HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.391 of 2011 Date : 25.01.2011 Between : S. Chandrasekhara Raju. …..Petitioner And The District Collector, Vizianagaram & another. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.391 of 2011 ORDER : This writ petition is filed, seeking for a writ of Mandamus, declaring the action of 1st respondent-District Collector, Vizianagaram, in not disposing of the appeal filed by the petitioner under Section 7 of The A.P. (Scheduled Caste, Scheduled Tribes & Backward Classes) Regulation of Issue of Community Certificates Act, 1993 (hereinafter referred to as ‘the Act’), against the orders of the Revenue Divisional Officer, Parvathipuram, passed in Proceedings Rc.No.1220/2008-L, dated 21.01.2009, and in not receiving the documents produced by the petitioner in support of his claim as a member of Konda Dora caste, a Scheduled Tribe Community, as illegal and arbitrary. The petitioner claims that he belongs to Konda Dora community, which is notified as a Scheduled Tribe. When he claimed for issuance of certificate to that effect, the Revenue Divisional Officer, Parvathipuram, by proceedings, dated 21.01.2009, issued in Proceedings Rc.No.1220/2008-L, declined to issue caste certificate to the petitioner, by recording a finding that he does not belong to Scheduled Tribe community. It is submitted that as against the said order, the petitioner has preferred an appeal before the 1st respondent-District Collector, on 25.02.2009, as provided under the Act. It is the grievance of the petitioner that although the appeal was filed as early as on 25.02.2009, the same is not being taken up for consideration. He further submits that he has substantial documentary evidence to prove that he belongs to Scheduled Tribe. This writ petition has come up for hearing on 19.01.2011 and 24.01.2011 and is adjourned to enable the learned Government Pleader to verify the status of the appeal filed by the petitioner. When the matter is called today, there is no representation on behalf of respondents. As the petitioner has stated that he has filed the appeal as early as on 25.02.2009, and is still pending consideration, without going into merits of the claim of the petitioner, I deem it appropriate to dispose of this writ petition with a direction to the 1st respondent-District Collector to consider the appeal filed by the petitioner on merits and pass appropriate orders as expeditiously as possible, preferably within a period of 6 weeks from the date of receipt of this order, by giving notice of hearing and opportunity to the petitioner. It is needless to observe that the 1st respondent shall receive and consider the documentary evidence to be produced by the petitioner in the appeal. Subject to the above directions, the writ petition is disposed of. No costs. ______________________ R. SUBHASH REDDY, J 25th January 2011 ajr