Telangana High Court
WP/10420/2006 of B. Deenadayal Reddy, Vs The Collector and District Magistrate, on 22 December 2006
Ms. JUSTICE G. ROHINI WRIT PETITION NO.10420 OF 2006 DATED: 22nd December, 2006. Between : B. Deenadayal Reddy ... Petitioner And 1. The Collector and District Magistrate, Kurnool, and 2 others. .. Respondents THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION NO.10420 OF 2006 ORDER
THE HON’BLE Ms. JUSTICE G. ROHINI
WRIT PETITION NO.10420 OF 2006
DATED: 22ndDecember, 2006.
Between :
B. Deenadayal Reddy ... Petitioner
And
1. The Collector and District Magistrate, Kurnool, and 2 others. .. Respondents THE HON’BLE Ms. JUSTICE G. ROHINIWRIT PETITION NO.10420 OF 2006
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ORDER :
Heard the learned Counsel for both the parties and perused thematerial on record.
By order dated 24-4-2006 the Collector & District Magistrate,Kurnool in exercise of powers under Section 5 (1) of the A.P.(Scheduled Castes, Scheduled Tribes and Backward Classes)Regulation of Issue of Community Certificates Act, 1993 cancelled theKondakapucaste certificate of the petitioner on the ground that thesaid certificate wasfraudulently obtained.Questioning the same, therd–petitioner preferred an appeal before the 3respondent Governmentof A.P. along with an applicationfor stay. Alleging that the 3rdrespondent failed to consider his application for stay and in themeanwhile the order of cancellation dated 24-4-2006 is sought to beimplemented, the petitioner filed this writ petition.
--This Court by order dated 2552006, while directing noticebefore admission, directed the 3rdrespondent to pass appropriateorders on the application for stay filed by the petitioner and grantedinterim stay of operation of the order dated 24-4-2006till such ordersare passed by the 3rdrespondent. Pursuantthereto, the 3rd--respondent by order dated 2182006 rejected the application for stay.The learned Counselfor the petitioner while placingbefore--this Court a copy of the said order dated 2182006 contendedthat theaction of the third respondentin refusing to grant staywhile entertainingthe Appeal, particularly without assigning any reasons isarbitrary and illegal.
--A bare perusal of the order dated 2182006 shows that the saidorder was passedmechanically without application of mind to therelevant factors.Having regard to the nature of the order dated 24-4-2006 passed by the Collector and District Magistrate, unless theoperation of the same is stayed pending the Statutory Appeal, theAppeal itself would be rendered infructuous.Hence it would beappropriate to stay the said order till the appeal is decided by the 3rdrespondent.
--Accordingly, the order dated 2182006 is set aside and the WritPetition is disposed of with a directionto the 3rdrespondenttodispose of the appeal pending on its file as expeditiously as possiblepreferably within a period ofsix weeks from the date of receipt of thisorder. Till such time, the order of the Collector & District Magistrate,dated 24-4-2006shall not be given effect to.No costs.
_______________
G. ROHINI, J.
Dt. 22-12-2006gbs
BIRTHDAY FUNCTION
DATE : 10-12-2006
TIME : 6.30 pm
DINNER : 7.30 pm onwards
VENUE : L.I.C. COMMUNITY HALL, MEHDIPATNAM. MEHDIPATNAM.