Disposed

Ganji Veera Venkata Prasad v. the State of Ap

Andhra Pradesh HC6 Oct 2020WP/3591/2020

Case brief

AI extract

What is this about?

The Court disposed of the writ petition challenging a decline in issuance of an integrated caste certificate. It directed the District Collector to verify the petitioner's claim, hold an enquiry under Act 16 of 1993, and pass a final order within four months.

What did the court decide?

Directed the District Collector to verify the petitioner's claim and take appropriate action after holding an enquiry under Act 16 of 1993 within four months.

Ganji Veera Venkata Prasad Vs the… — Pension and Retirement Benefits | Andhra Pradesh HC (2020)

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THE HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.3591 OF 2020

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ORDER:

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This Writ Petition filed under Article 226 of the Constitution of India challenges the validity and legal sustainability of the proceedings in Ref.C/7/2019 dated 16.07.2019 of the 3^rd respondent.

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According to the petitioner, he belongs to Konda Kapu community, a scheduled tribe, and on 16.09.2016, the Mandal Revenue Officer/Tahsildar, Addateegala Mandal, issued an integrated caste certificate in his favour and the same is in force. It is further stated that in view of the insistence of the authorities on production of online caste certificate, the petitioner herein made an application on 04.04.2018 in Meeseva Kendram. The Tahsildar, Addateegala, respondent No.3 herein, vide endorsement dated 15.05.2018, declined to issue the integrated certificate in favour of the petitioner herein on the ground that he failed to produce relevant documents.

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Assailing the said endorsement dated 15.05.2018, the petitioner herein approached this Court by way of filing W.P. No.20467 of 2018. The composite High Court, vide order dated 19.06.2018, dismissed the said Writ Petition with a liberty to the petitioner to avail alternative remedy. Thereafter on 02.08.2018, the petitioner herein approached the District Collector, East Godavari District, Kakinada, by way of an application, stating that the Mandal Revenue Officer, Addateegala, earlier in the year 2006, issued a caste certificate and now without holding any enquiry, the authorities rejected the application. The District Collector, vide proceedings REV-CSECOVC(ver)/134/2018SA (CS)-CLO-EG, dated 28.08.2018, while enclosing a copy of the

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petition and the enclosures, requested the Tahsildar, Addateegala, to submit remarks and the connected records to the office of the District Collector for taking further action in the matter. It is the further case of the petitioner herein that thereafter the petitioner herein submitted representations before the District Collector on 11.10.2018 and 28.12.2018 for reddressal of his grievance.

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In the above backdrop, obviously, on the letter addressed by the District Collector, on 28.08.2018, referred to supra, the Tahsildar, Addateegala Mandal, submitted the impugned report, vide Ref.C/7/2019 dated 16.07.2019, stating that the petitioner herein is not entitled for caste certificate as requested. While referring to the said report of the Tahsildar, Addateegala Mandal, it is submitted by the learned counsel for the petitioner that the Tahsildar, without giving any notice to the petitioner herein, came to such a conclusion and according to him, the said report is unsustainable.

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It is very much evident from a reading of the report of the Tahsildar dated 16.07.2019 that it is the version of the Tahsildar only and the same cannot be construed as a final conclusion by the authorities, since the representation is pending consideration before the District Collector.

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For the aforesaid reasons, the Writ Petition is disposed of, directing the District Collector, East Godavari, Kakinada, to verify the claim of the petitioner herein, vide representation dated 02.08.2018, and take appropriate action/pass appropriate final order after holding enquiry as per the Act 16 of 1993 and the Rules framed thereunder.

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This exercise shall be completed within a period of four months from the date of receipt of this order.

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Miscellaneous Petitions pending, if any, in this case shall stand

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closed. There shall be no order as to the costs of the Writ Petition.

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___________________ A.V.SESHA SAI, J

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Date: 06.10.2020 siva

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THE HON’BLE SRI JUSTICE A.V.SESHA SAI

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WRIT PETITION No.3591 OF 2020

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Date: 06.10.2020

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siva

Ganji Veera Venkata Prasad v. the State of Ap

Case brief

What is this about?

What did the court decide?

Ganji Veera Venkata Prasad v. the State of Ap

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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