Telangana High Court
WP/42643/2015 of B.Spoorthi D/o Prabhaker Vs The State of Telangana on 30 December 2015
SRI JUSTICE SANJAY KUMAR WRIT PETITION No.42643 of 2015 ORDER: Sri C.Naresh Reddy, learned counsel for the petitioners, states that the issue arising in this writ petition is squarely covered by the decision rendered by this Court in W.P.No.17508 of 2015. The prayer of the petitioners
THE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION No.42643 of 2015
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ORDER:
Sri C.Naresh Reddy, learned counsel for the petitioners, statesthat the issue arising in this writ petition is squarely covered by thedecision rendered by this Court in W.P.No.17508 of 2015.
The prayer of the petitioners in this case is as under:
“For the reasons stated in the accompanying affidavit,the petitioners pray that this Hon’ble Court may be pleased toissue an appropriate writ, order or direction; and moreparticularly, one in the nature of Writ of Mandamus declaring:i)the order dated 25.06.2015 issued byrespondent No.3 as illegal, arbitrary,unconstitutional and contrary to the provisions ofAndhra Pradesh (SC, ST & BCs) Regulation ofIssue of Community Certificates Act, 1993 andRules, 1997.
ii)direct the 3[rd] respondent to issue Digitalbackward class Community Certificate to thepetitioners as belonging to “Gandla” Communityand pass such other order or orders as thisHon’ble Court deemed fit and proper in thecircumstances of the case”
Perusal of the order dated 06.07.2015 passed by this Court inW.P.No.17058 of 2015 reflects that the prayer therein was also onsimilar lines. In terms of the earlier decision of this Court inW.P.No.17560 of 2015, the learned Judge granted relief to thepetitioners therein. The Community, Nativity and Date of Birthcertificates issued to the petitioners clearly mention that they belong to“Gandla” Community, a backward caste.
In that view of the matter, the writ petition is disposed of on thesame lines as W.P.No.17508 of 2015 with the following direction:
Since the Community, Nativity and Date of BirthCertificates issued by the Tahsildar, Kataram, are admittedly,still in force, the respondents, shall within two days from thedate of receipt of a copy of this order, furnish the petitioners adigital copy of the said certificates. It is made clear that this order shall not preclude the respondents from initiating actionunder Section 5 of the Andhra Pradesh (SC, ST & BCs)Regulation of Issue of Community Certificates Act, 1993 forcancellation of the caste certificate of the petitioners, ifotherwise warranted.
Pending miscellaneous petitions, if any, shall stand closed inthe light of this final order. No order as to costs.
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SANJAY KUMAR, J
Date: 30.12.2015va