Sudarshan v. Collector, Khammam
Case at a glance
Outcome
Disposed of
In that view of the matter, the writ petition is disposed of
Provisions considered
Key paragraphs
- Para 66. In that view of the matter, the writ petition is disposed of at the admission stage directing the District Collector, Khammam to follow the procedure as contemplated under the provisions of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue…
Judgment
Cause title
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 appropriate writ, order or direction preferably in the nature of writ of mandamus declaring that the report of the 3rd respondent dated May, 2008 submitted to the respondent No.2 and the report dated 07.06.2008 bearing R.C.No.K/970/2008 of the 2nd respondent submitted to the 1st respondent are illegal, arbitrary, void and against to the principles of natural justice and much against to the legal and fundamental rights guaranteed in the constitution of India and against to the provisions of the Andhra Pradesh (Scheduled Caste, Scheduled Tribes and Backward Classes) Regulation of issue of Community Certificates Act, 1993 and consequently direct the 1st respondent not to cancel the caste certificate dated 26.12.2004 issued by the 3rd respondent without following due process of law and to may pass such other order or orders. Counsel for the Petitioner: MR.PALIVELASAT YARAJA BABU Counsel for the Respondents.: GP FOR SOCIAL WELFARE T he Court made t he following :
ORDER:
This writ petition has been filed by Sudarshan with a prayer to issue an appropriate writ, order or direction, preferably in the nature of writ of Mandamus declaring the report of the Tahsildar, Yellandu Mandal dated May, 2008 submitted to the Revenue Divisional Officer, Kothagudem and the report dated 07.06.2008 bearing RC No.K/970/2008 of the Revenue Divisional Officer, Kothagudem, submitted to the District Collector, Khammam, are illegal, arbitrary, void and against to the principles of natural justice.
The petitioner claims that he belongs to Padmasali caste, which comes under the Backward Classes community. He contested in the Municipal Elections for Ward No.15, Yellandu Town and Mandal on 24.09.2005. He became the successful candidate in the election with 580 votes and whereas his opponent viz., Lingala Sri Hari Kumar secured only 182 votes. Lingala Sri Hari Kumar and another filed E.O.P.No.3 of 2005 on the file of the Election Tribunal-cum-Principal Senior Civil Judge, at Kothagudem, Khammam District. The said election petition came to be dismissed for default on 27.07.2007 and subsequently restored to file as per Orders in I.A.No.1377 of 2007 on 12.03.2008. Whileso, the Revenue Divisional Officer, Kothagudem, Khammam District-3rd respondent sent proposals to the District Collector, Khammam to cancel the caste certificate issued to the petitioner. Apprehending that the District Collector, Khammam District may cancel the caste certificate issued to the petitioner without putting him on notice, the petitioner approached this Court invoking the jurisdiction under Article 226 of the Constitution of India.
When the writ petition came up for admission, learned Assistant Government Pleader for Social Welfare received notice on behalf of the respondents 1 to 3. 4 Heard learned counsel appearing for the petitioner and learned Assistant Government Pleader for Social Welfare appearing for the respondents.
As seen from the material placed on record, the Revenue Divisional Officer, Kothagudem, Khammam District-3 rd respondent sent a proposal to the District Collector, Khammam for cancellation of the caste certificate issued to the petitioner. Under Section 5 of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993, the District Collector has to put on notice the affected party before issuing proceedings for cancellation of the caste certificate issued to him.
Operative part
In that view of the matter, the writ petition is disposed of at the admission stage directing the District Collector, Khammam to follow the procedure as contemplated under the provisions of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 and the Rules framed thereunder before cancellation of the caste certificate issued to the petitioner. No costs. Date:20t h October, 2008. ______________________ B.SESHASAYANA REDDY, J. // TRUE COPY // ..... REGISTRAR SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In that view of the matter, the writ petition is disposed of
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Community Certificates Act, 1993; Issue of Community Certificates Act, 1993.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.