THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 22436 OF 2011 Dated: 10.08.2011 Between: Payam Kumari and another ..... PETITIONERS AND The Government of Andhra Pradesh and 5 others .....RESPONDENTS The Court made the following : THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.22436 OF 2011 O R D E R : The 1st petitioner is the dealer of Fair Price Shop No.7 at Bhadrachalam. She was appointed under Scheduled Tribe category on the basis of the certificates dated 30.1.1991 and 4.9.1998 issued by the Mandal Revenue Officer, Bhadrachalam certifying that she belongs to Koya – Scheduled Tribe. The 2nd petitioner is the sister of the 1st petitioner. She was appointed as Multi-purpose Health Assistant on 28.5.1998 under ST Category. While so, on a complaint made by Sardar Bhagat Sngh Youth Society, it appears that Sub-Collector, Bhadrachalam submitted a report dated 2.12.1998 with regard to social status of the petitioners and basing on the said report a show-cause notice dated 8.2.1999 was issued. The petitioners submitted their explanation and ultimately by order dated 23.7.2011 passed by the 2nd respondent - District Collector – caste certificates issued in favour of the petitioners were cancelled in exercise of the powers conferred under Section 5 (1) of The Andhra Pradesh (SC, ST & BCs) Regulation of Issue of Community Certificates Act, 1993 holding that they belonged to Arekatika caste. Aggrieved by the same, the petitioners preferred an appeal before the 1st respondent on 2.8.2011 along with an application for stay. However, the 1st respondent failed to consider the appeal of the petitioners and no orders have been passed even on their application for stay. Hence the present writ petition. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Social Welfare appearing for the respondents. As could be seen from the material available on record, the petitioners preferred an appeal against the order passed by the 2nd respondent under which while cancelling the community certificate of the petitioners there was also a direction to initiate criminal proceedings against them. Since the statutory appeal is pending before the 1st respondent and keeping in view that both the petitioners are employed as fair price shop dealer and Multi-purpose Health Assistant respectively, it would be appropriate to protect their interest till the appeal is decided in accordance with law. Accordingly, without expressing any opinion on merits, the Writ Petition is disposed of with a direction to the 1st respondent to dispose of the appeal pending on his file following due process of law, as expeditiously as possible, preferably within a period of three (3) months from the date of receipt of this order. Till such time, the order of the 2nd respondent dated 23.7.2011 shall remain suspended. No costs. ​ ____________ G. ROHINI, J Date: 10.08.2011 Ivd/gbs THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.22436 OF 2011 ADVANCE ORDER : (operative portion by wire) The Writ Petition is accordingly disposed of with a direction to the 1st respondent to dispose of the appeal pending on his file following due process of law, as expeditiously as possible, preferably within a period of three (3) months from the date of receipt of this order. Till such time, the order of the 2nd respondent dated 23.7.2011 shall remain suspended. No costs. ​ ____________ G. ROHINI, J Date: 10.08.2011 Note: Issue operative portion of the order by wire at party’s costs and send the entire case bundle to the Court Masters’ Section, immediately, after dispatching the advance order, for drafting full text of order. (B/o) Ivd