Telangana High Court
WA/2152/2004 of Prem Kumar Bisoi, Vs The District Collector, on 29 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT HON'BLE SRI DEVINDER GUPTA, CHIEF JUSTICE and HON'BLE SRI JUSTICE M.NARAYANA REDDY WRIT APPEAL NO : 2152 of 2004 (Writ Appeal under Clause 15 of the Letters Patent
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
HON'BLE SRI DEVINDER GUPTA,
CHIEF JUSTICE
and HON'BLE SRI JUSTICE M.NARAYANA REDDY
WRIT APPEAL NO : 2152 of 2004
(Writ Appeal under Clause 15 of the Letters Patent against the Order dated06/12/2004 in WP NO : 22451 OF 2004 on the file of the High Court.)06/12/2004 in WP NO : 22451 OF 2004 on the file of the High Court.)
Between:
Prem Kumar Bisoi, s/o Bollabo Bisoi,
r/o Hostel attached to Siddartha Medical College, Vijayawada, KrishnaDistrict.
..... APPELLANT
AND
1 The District Collector, Srikakulam, Srikakulam District.
2 The Revenue Divisional Officer, Tekkali, Srikakulam, Srikakulam District.
3 S.Venkat Rao, B.Com.,
The Revenue Divisional Officer, Tekkali, Srikakulam, Srikakulam District.
4 The Registrar, N.T.R.University of Health Sciences, Vijayawada, Krishna District.
5 The Principal, Siddartha Medical College, Vijayawada, Krishna District.
(R.3, R.5 are not necessary parties )
.....RESPONDENTS
Counsel for the Appellant :MR.B.SUDHAKAR REDDY & NEERAJAREDDYCounsel for the Respondent Nos.1 and 2: GP FOR REVENUECounsel for the respondent Nos. 4: None appeared.
The Court made the following :
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ORAL JUDGMENT:
( per Hon’ble The Chief Justice )
…..
1. The challenge by the petitioner is to the order passed on 01.11.2004 by theRevenue Divisional Officer, Tekkali, Srikakulam District, dismissing theappellant’s application for issuance of caste certificate. The sole grievance ofthe appellant is that sufficient time was not allowed to produce relevant recordand there is violation of principles of natural justice. Writ petition questioningthe said order was disposed of, against which the present appeal is filed.
2. Appellant has not correctly arrayed the parties. 3[rd] respondent is renderedto be deleted as person after being impleaded in official capacity as RevenueDivisional Officer. In any case we have heard counsel for the parties. Theurgent notice dated 26.10.2004 calling upon the petitioner to appear andproduce documentary evidence in support of the caste claim on or before29.10.2004 was not served upon the appellant but was served on his father.
Hardly two days time was given for production of documentary evidence tothe petitioner and on 29.10.2004 petitioner asked 15 days time to file relevantdocuments. Instead of granting time, the Revenue Divisional Officer rejectedthe claim of the petitioner by the order impugned in the writ petition.
3 . We questioned the learned counsel for the appellant as to whether therecord which was called for by the Revenue Divisional Officer is or is notavailable so that interest of justice would be met in case Revenue DivisionalOfficer is directed to hear the matter afresh. Accordingly learned counsel forthe appellant states that appellant is relying upon the caste certificate issuedin favour of his father and brother and he will produce the relevant recordbefore the Revenue Divisional Officer and will not claim any furtheradjournment in case one date is fixed to enable the appellant to appearbefore the Revenue Divisional Officer.
4 . Consequently we allow the appeal and set aside the impugned orderincluding the order passed on 01.11.2004 with direction to the RevenueDivisional Officer, 2[nd] respondent, to hear and decide the request of theappellant for grant of caste certificate, for which purpose we direct theappellant to put appearance before 2[nd] respondent on 22.01.2005 in hisoffice at 11.00 a.m., along with all relevant record and will submit before himcopies thereof and will not claim any further adjournments. 2[nd] respondentthereafter will proceed to pass appropriate orders in accordance with law aftertaking into consideration the record produced by the appellant. No costs.
_____________________
DEVINDER GUPTA. C.J.,
______________________
Dated: 29.12.2004.
VRK.
Note:
Furnish cc in two days.
( BO )
To
1 The District Collector, Srikakulam, Srikakulam District.2 The Revenue Divisional Officer, Tekkali, Srikakulam, Srikakulam District.2 The Revenue Divisional Officer, Tekkali, Srikakulam, Srikakulam District.
3 The Registrar, N.T.R.University of Health Sciences, Vijayawada, Krishna District. Vijayawada, Krishna District.
4. Two CCs to G.P. for Revenue, High Court Buildings, Hyderabad (OUT).
5. Two CD copies.
HON’BLE SRI DEVINDER GUPTA,
CHIEF JUSTICEAND
HON’BLE SRI JUSTICE M. NARAYANA REDDY.
W.A.NO. 2152 OF 2004.
( Judgment of the Bench delivered byHon’ble The Chief Justice )
Dt: 29.12.2004.