IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 22939 of 2008 Between: 1 Kum.Apeksha Bhati D/o.Vinod Kumar Bhati Resident of H.No.3-3-315, Kutbiguda, Kachiguda, Hyderabad 2 Kum.ANJALI BHATI D/o.Vinod Kumar Bhati Resident of H.No.3-3-315, Kutbiguda, Kachiguda, Hyderabad 3 Master Akshit Bhatri S/o.Vinod Kumar Bhati Resident of H.No.3-3-315, Kutbiguda, Kachiguda, Hyderabad (All the petitioners are minors and rep.by their Guardian and natural father Sri Vinod Kumar Bhati, S/o.Laxmichand Bhati, Aged 38 years ,Occ:Business ..... PETITIONERS AND 1 The District Collector, Hyderabad District, having office at Chirag ali Lane, Abids, Hyderabad 2 The Tahsildar, Nampally Mandal, Nampally 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 will be pleased to issue an appropriate writ order or direction more particularl one in the nature of writ of mandamus declairng that the 2nd respondent has no right whatsoever to refuse to issue caste certiﬁcate or to cause any delay in disposal of the applications of the petitioners submitted by them to obtain caste certiﬁcates from the 2nd respondent in as much as the same would infringe the fundamental rights of the citizens and consequently direct the respondents to issue the caste certiﬁcate to the petitioner on their applictions dated 14.7.2008 immediately and forthwith and to pass Counsel for the Petitioner:MR.MOHD.MOIN AHMED QUADRI Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORAL ORDER: This writ petition has been ﬁled by the petitioners who are three in number assailing inaction of the respondents on the representation dated 14.7.2008 seeking issuance of caste certificates. The petitioners claim that they belong to Mali community which comes under Backward Class-D category. They stated to have submitted representation to the second respondent for issuance of caste certiﬁcates. Their application remained unattended. Hence, they approached this Court invoking jurisdiction under Article 226 of the Constitution of India When this writ petition came up for hearing, the learned Assistant Government Pleader for Social Welfare took notice on behalf of the respondents. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Social Welfare, appearing for the respondents. Indisputably, the petitioners submitted representation dated 14.7.2008 to the second respondent for issuance of caste certiﬁcates. According to Sec. 5(h) of the A.P. Scheduled Castes, Scheduled Tribes and Backward Classes Issue of Community, Nativity and Date of Birth Certiﬁcate Rules, 1997, the Competent Authority shall conﬁrm or reject the claim for the community, nativity and date of birth certiﬁcate, after conducting enquiry within a period not exceeding sixty days from the date of receipt of application by the person in Form I/II. In view of the above Rule position, this writ petition is disposed of directing the second r e s p o n d e n t Tahsildar, Nampally Mandal, Hyderabad, to consider the application of the petitioners for the issue of caste certiﬁcates within a period of sixty days from the date of receipt of a copy of this order. The writ petition is accordingly disposed of. No order as to costs. _____________________ B.Seshasayana Reddy, J. October 21, 2008 Furnish copy in a week. //BO// MAS