IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 14583 of 1999 Between: K. Devender Kumar, S/o K. Gopal Kishan, R/o Chennai ... PETITIONER AND 1 Government of Andhra Pradesh Rep. by its Principal Secretary, Revenue Department, Secretariat Hyderabad. 2 District Collector, Nizamabad District. 3 Indian Overseas Bank Rep. by its Chairman & Managing Director, Central Office,762, Anna Salai, Chennai--2 ...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 call for records and issue an order or direction or a writ more particularly one in the nature of writ of Certiorari questioning the order of the second respondent in his Proceedings No.D5/2113/97 dated 14/11/1997 as confirmed by the 1st respondent in G.O.Ms.No. 51 dated 26/5/1999 as ultravires the Constitution and violative of principles of natural justice and pass Counsel for the Petitioner: M/S C.KODANDA RAM Counsel for the Respondents: GP FOR SOCIAL WELFARE The Court made the following: ORDER: Petitioner questions the order of the District Collector, Nizamabad, in proceedings No.D5/2113/97 dated 14.11.1997 in canceling the Scheduled Tribe caste certificate issued by the Tahsildar, Armoor Ref.No.B2/269/76 dated 16.01.1976 and declaring that he is not a Scheduled Tribe candidate but he belongs to Mudiraj, BC-D group as confirmed by the Government by order dated 26.05.1999 in G.O.Ms.No.51 Social Welfare is illegal, arbitrary, unsustainable and contrary to the provisions of The Andhra Pradesh (SC, ST & BCs) Regulation of Issue of Community Certificates Act, 1993 (for short ‘the Act’). 2. Among several grounds raised in the writ petition, one of the grounds is that the cancellation of the caste certificate may be considered by a notification as defined under Section 2(g) of the Act. Under Section 2(g) of the Act, “notification” means a notification published in the Andhra Pradesh Gazette and the word ‘notified’ shall be construed accordingly. Admittedly, in the instant case the order of the District Collector canceling the caste certificate has not been notified as contemplated under Section 5(1) read with Section 2(g) of the Act, therefore, as long as the cancellation of the Scheduled Tribe caste certificate is not notified in the District Gazette the said order of the District Collector cannot take effect. 3. In the counter it is stated that the notification could not be published as the petitioner questioned the order of the District Collector before the Government and the entire record pertaining to the case has been sent to the Government, therefore, the proceedings of the cancellation of the caste certificate along with the notification could not be published in the Gazette. 4. In view of the aforesaid facts and circumstances of the case, the respondents are directed not to give effect to the impugned orders, canceling the caste certificate, unless a notification is published as required under Section 5(1) read with Section 2(g) of the Act. If any such notification is published, it is open for the petitioner to question the same in accordance with law taking all the grounds that are available to him including those pleaded in this writ petition. The writ petition is accordingly disposed of. There shall be no order as to costs. ______________ V. ESWARAIAH, J February 20, 2008 DSK