Telangana High Court

WP/27666/2008 of Nuvvula Srinivas Vs Government of Andhra pradesh on 26 December 2008

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HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 27666 of 2008 Between: Nuvvula Srinivas S/o. Ummaiah R/o. 8-1-157,

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

FRIDAY, THE TWENTY SIXTH DAY OF DECEMBERTWO THOUSAND AND EIGHT

PRESENT

THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADAWRIT PETITION NO : 27666 of 2008

Between:

Nuvvula Srinivas S/o. Ummaiah R/o. 8-1-157, Gollaguda, Nalgonda Town.

AND

..... PETITIONER

1 Government of Andhra pradesh Represented by its Secretary toGovernmentGovernment Backwad Classes Welfare (C1) Department at Secretariat, Hyderabad.

2 The District Collector Nalgonda District at Nalgonda. at Nalgonda.

.....RESPONDENT(S)

Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court will bepleased to issue a WRIT OF MANDAMUS or any other appropriate Writor Writs, Order or Direction, declaring the Order dt. 10-12-2008 inG.O.Rt.No. 378 on the file of the 1st respondent herein and the Order &Notification dt. 28-09-2006 in Procgs.No. H7/3787/2006 on the file o the2nd Respondent, as illegal, arbitrary, violative of principles of naturaljustice and contrary to the provisions of AP. (SCs, STs & BCs) Regulationof Issue of Community Certificates Act, 1993; Award costs.

Counsel for the Petitioner:MR.N.SRIDHAR REDDY

Counsel for the Respondent No.: MR.SYEDE KALEMUDDIN

The Court made the following :

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ORDER

According to the petitioner, he belongs to Perika BalijaCommunity, which is notified as B.C-B category and he prosecutedhis studies also as a B.C-B candidate right from the beginning. In theelections that took place in the month of September 2005, hecontested for the post of Councilor from 13[th] Ward of NalgondaMunicipality, which was reserved for BC and got elected as theCouncilor. The defeated candidate filed OP and the same is pendingbefore the Election Tribunal. While the matter stood thus, on thebasis of the complaint given by the District B.C WelfareAssociation, the Collector initiated proceedings under the provisionsof Andhra Pradesh (Scheduled Castes, Scheduled Tribes andBackward Classes) Regulation of Issue of Community Certificate Act,1993. After conducting a detailed enquiry, he passed an order on28.09.2006 holding that the petitioner does not belong to BCCommunity. Against the said order, as a statutory remedy of appealis available to the petitioner, he preferred an appeal before the 1[st]respondent-Government, which, in turn, issued G.O.R.T.NO.378,dated 10.12.2008, confirming the orders passed by the Collector. Assailing the same, the petitioner approached this Court and filed thepresent writ petition.

Heard the learned counsel for the petitioner and the learned Government Pleader for Backward Class Welfare appearing on behalfof the respondents.

During the course of hearing, the learned GovernmentPleader has drawn my attention to Paragraph 9 of the said G.O. dated10.12.2008, the relevant portion of which reads as under:

“The appeal petitioner viz., Sri Nuvvula Srinivas has been requested to attend the hearing on 7.7.2008 at 12.30 pm before theGovernment in person or through his counsel through the Govt Memo5[th] read above which has been sent to the Appeal petitioner throughthe Collector, Nalgonda Dist through speed post. Since the individualwas not present on 7.7.2008; second notice through the Govt Memo6[th] read above has been sent to the Appeal Petitioner through theDistrict Collector, Nalgonda Dist through speed post for attendinghearing on 13.10.2008 at 12.00 Noon before the Govt in person orthrough his counsel and the case has been heard on 26.8.2008 beforethe Govt.”

From the above G.O, it is clear that the matter was originallyposted for hearing on 07.7.2008 and when the petitioner and hiscounsel were absent, a notice was sent to the petitioner informinghim that the next date of hearing is 13.10.2008. But, surprisingly, thematter was taken up for hearing on 26.08.2008 and the said G.O. wasissued by the 1[st] respondent. When the petitioner was informed thatthe next date of hearing is 13.10.2008, the 1[st] respondent ought notto have passed any orders on 26.08.2008 as the petitioner cannotimagine that the matter will be taken up for hearing before the date ofhearing fixed on 13.10.2008. As the said error committed by the 1[st]respondent is apparent on the face of record, this Court is of the viewthat the said G.O. is liable to be set aside.

Accordingly, G.O.R.T.No.378, dated 10.12.2008 is hereby setaside and the matter is remitted to the 1[st] respondent to consider andpass appropriate orders afresh, in accordance with law. The hearingand disposal of the said appeal shall be only after putting thepetitioner on notice and giving him sufficient opportunity of beingheard. The said exercise shall be done within a period of eight weeksfrom the date of receipt of a copy of this order. The interim ordergranted by the 1[st] respondent staying the order, dated 28.09.2006,passed by the Collector, shall be in force pending disposal of the saidappeal.

Subject to the above directions, the writ petition is allowed. No costs.

Note: Issue wire at party’s costs.(B.O) rkk __________

26-12-2008

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