IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 20871 of 2007 Between: G.Narayana S/o.Late Sri Guruvaiah, Animay Husbandary Department, Adilabad R/o.H.No.3-5-300, Sanjay Nagar, Adilabad ..... PETITIONER AND 1 The Government of AP., rep.by its Secretary, Social Welfare (CV-2) Department, Secretariat Buildings, Hyderabad 2 The District Collector, Nizamabad 3 The Director, Animay Husbandary Department AP Santhinagar, Hyderabad .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue an appropriate writ order or direction more particularly one in the nature of writ of Certiorari calling for the records relating to the order of the 1st respondent made in G.O.Ms.No.84 dated 22.9.2007 in upholding the order of the 2nd respondent in his proceedings bearing No.C3/1788/2005-1 dated 19.9.2006 and quash the same as illegal, arbitrary, and unjust and violative of the principles of natural justice. Counsel for the Petitioner: MR.N.SIVA REDDY Counsel for the Respondents: GP FOR SOCIAL WELFARE The Court made the following : ORDER: This writ petition has been ﬁled by G.Narayana with a prayer to issue an appropriate writ, order or direction, more particularly, one in the nature of writ of Certiorari calling for the records culminating into the issuance of G.O.Ms.No.84 Social Welfare (CV.2) Department, dated 22.09.2007. 2. The petitioner claims that he belongs to Chenchu caste, which is a scheduled tribe community. He was appointed as Veterinary Assistant, Animal Husbandry Department, Adilabad, in the year 1990 under Scheduled Tribe reserved category. The District Collector, Nizamabad-2nd respondent issued a show- cause notice in D6/4492/93, dated 02.09.1993 calling upon him to explain as to why his caste certiﬁcate and native certiﬁcate should not be cancelled. The District Collector, Nizamabad-2nd respondent called for the reports of the Screening Committee. The Screening Committee based on the report of the Revenue Divisional Oﬃcer proceeded to record a ﬁnding that the petitioner does not belong to the Scheduled Tribe community. Thereupon, the District Collector, Nizamabad-2nd respondent cancelled the caste and native certiﬁcates of the petitioner under proceedings No.D.65/4492/93, dated 14.11.1997. The petitioner ﬁled an appeal under Section 7 of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certiﬁcates Act, 1993, before the Government of A.P. rep. by its Secretary, Social Welfare (CV- 2) Department, Hyderabad-1st respondent. The 1st respondent dismissed the appeal ﬁled by the petitioner vide G.O.Ms.No.84, dated 22.09.2007. The order passed by the 1st respondent on the appeal is under challenge in this writ petition. 3. Notice before admission came to be ordered on 12.10.2007. 2nd respondent filed counter affidavit. 4. Heard learned counsel appearing for the petitioner and learned Government Pleader for Social Welfare appearing for the respondents 1 to 3. 5. The principal contention of the petitioner is that the advocate engaged by him fell ill and therefore, he could not submit his contentions before the appellate authority. 6. Learned counsel appearing for the petitioner contends that the petitioner appeared before the appellate authority on 14.06.2007 and sought for adjournment. But, the appellate authority treated the appearance of the petitioner as if heard him and proceeded to pass orders on 22.09.2007. 7. The factual aspect of the death of Sri P.V. Subrahmanyam, Advocate, engaged by the petitioner, on 22.09.2007 due to ill- health is not controverted by the learned Government Pleader for Social Welfare appearing for the respondents. 8. In the given facts and circumstances, I am of the view that the petitioner had no opportunity to make his submissions before the appellate authority. 9. Accordingly, the writ petition is allowed at the admission stage setting aside the order impugned in the writ petition and the matter is remanded to the appellate authority i.e. 1st respondent to give an opportunity to the petitioner to make his submissions and pass appropriate orders within four weeks from the date of receipt of a copy of this Order. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:04th September, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}