Telangana High Court
WP/15962/2010 of Dr.Kunchala Vinod Kumar Vs The Government of Andhra Pradesh on 30 December 2011
C.V. NAGARJUNA REDDY W.P.No.15962 of 2010 Date : 30-12-2011 Between: Dr. Kunchala Vinod Kumar .. Petitioner And Government of Andhra Pradesh, Represented by its Principal Secretary, Tribal Welfare Department, Hyderabad and others .. Respondents Counsel for petitioner : Sri V. Raja Manohar
HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY
W.P.No.15962 of 2010
Date : 30-12-2011
Between:Dr. Kunchala Vinod Kumar ..Petitioner
And
Government of Andhra Pradesh,Represented by its Principal Secretary,Tribal Welfare Department, Hyderabadand others ..Respondents Counsel for petitioner : Sri V. Raja ManoharCounsel for respondent Nos.1, 2 & 4 : AssistantGovernment Pleader for Social Welfare Counsel for respondent No.3 : -- The court made the following:
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ORDER:
The petitioner who claims to belong to ScheduledTribe ommunity (Yerukala), filed this Writ Petition for amandamus to declare the action of the respondents in notconducting enquiry on his caste status as illegal andarbitrary. The petitioner sought for a direction to therespondents to complete the enquiry within a period of onemonth.
No counter-affidavit is filed.
On 21-7-2010, this Court has taken note of therepresentation made by the learned Government Pleader forSocial Welfare that the Director of Tribal Welfare, afterholding necessary enquiry with regard to the petitioner’ssocial status submitted a report on 20-2-2009 to the DistrictCollector, Sri Potti Sreeramulu Nellore District, for placing thesame before the District Level Scrutiny Committee (DLSC)under the provisions of the Andhra Pradesh (ScheduledCastes, Scheduled Tribes and Backward Classes)Regulation of Issue of Community Certificates Act, 1993 (forshort "the Act") and adjourned the case to enable thelearned Government Pleader to report to the Court whetherany order was passed by the DLSC. As no information wasforthcoming, this Court has admitted the Writ Petition on 28- 7-2010 and directed the respondents to complete theenquiry and pass appropriate orders in accordance withlaw. On 23-8-2010, the learned Government Pleader hasrepresented that the enquiry stood posted before the DLSCfor 31-8-2010. Since then, the further progress has notbeen reported to the Court. Today, at the hearing, thelearned Assistant Government Pleader for Social Welfare isunable to state the present position.
In my opinion, the respondents cannot delay thedecision on the petitioner’s social status inordinately. As theissue was already referred to the DLSC almost 1½ yearsago, the District Collector of Sri Potti Sreeramulu NelloreDistrict, who is not a party to this Writ Petition, is directed toensure that the enquiry into the social status of the petitioneris completed and appropriate order is passed in accordancewith the provisions of the Act, if not already done, within aperiod of three months from the date of receipt of this order. The decision so taken shall be communicated to thepetitioner.
Subject to the above direction, the Writ Petition isdisposed of.
As a sequel, WPMP No.20084/2010 is disposed of asinfructuous.
________________________
Justice C.V. Nagarjuna Reddy
Date : 30-12-2011
Note :Registry shall communicate thisorder to the District Collector,Sri Potti Sreeramulu Nellore District AM