Dismissed

Potikalapudi Jayaram v. the State of Ap

Andhra Pradesh HC9 Jul 2021WP/6663/2021

Case brief

AI extract

What is this about?

This writ petition challenged the failure of respondents to conduct an enquiry and submit a report following proceedings dated 11.02.2021 regarding a complaint about a fake caste certificate presented by the 8th respondent for elections and appointments. The court directed the competent authority to complete the enquiry expeditiously.

What did the court decide?

Directing respondents 4 to 6/competent authority to complete the enquiry as expeditiously as possible and take appropriate action in accordance with law.

Potikalapudi Jayaram Vs the State of Ap — Public Procurement and Tenders | Andhra Pradesh HC (2021)

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HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

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WRIT PETITION No.6663 of 2021

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ORDER :

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This writ petition is filed ‘to declare the action of respondents 4 to 7 in not conducting enquiry and not submitting report in compliance of proceedings dated 11.02.2021 issued by the 3^rd respondent in connection with ‘fake caste certificate’ being produced by the 8^th respondent for contesting in various elections, as illegal and arbitrary.’

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Case of the petitioner is that, he belongs to BC Community and President of BC Reservation Protection Committee, Andhra Pradesh; 8^th respondent belongs to OC (Kapu/Balija) by caste, but he falsely represented that his caste is Eediga and obtained BC-B (Eediga) caste certificate; basing on the said BC certificate, he was elected to ZPTC, Giddalur in the year 2001; he was also appointed as Chairman, Agricultural Marketing Committee, Giddaluru in the year 2014 by using the said caste certificate; the 8^th respondent forged the signature of the then Mandal Revenue Officer, Giddaluru and created false caste, income and transfer certificates; he withdrew a sum of Rs.15,00,000/- of Post Metric Scholarships of SC students, for which police registered an FIR and the same is pending as CC No.59 of 2004 before the Judicial Magistrate of First Class, Giddaluru; he also contested as councilor of Ward No.1 of Giddaluru Municipality in the year 2020 by using the said caste certificate; petitioner gave a complaint on 03.02.2021 to the 3^rd respondent to take action against the 8^th respondent; pursuant to the said complaint, the 3^rd respondent issued proceedings dated 11.02.2021 directing respondents 4 to 7 to conduct discreet enquiry into the subject matter and submit report along with specific recommendations regarding the caste of the 8^th respondent; however, respondents 4 to 7 did

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not take any action or conducted any enquiry against the 8^th respondent. Hence, the writ petition.

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Heard the learned counsel for the petitioner, learned Government Pleader for Social Welfare and Sri Sai Surya Turaga, learned counsel for the 8^th respondent.

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Sri Sai Surya Turaga, learned counsel appearing for the 8^th respondent submits that the subject caste certificate was issued to the 8^th respondent in the year 1985 after due enquiry and he was selected as Sub Inspector of Police by using the said caste certificate and also contested ZPTC elections.

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Learned Government Pleader for Social Welfare passed on the written instructions of the Revenue Divisional Officer, Markapur, dated 08.07.2021 wherein it is stated inter-alia that, action has already been initiated by respondents on the complaint submitted by the petitioner and that the enquiry is under process and that due to Covid-19 pandemic, the District Level Scrutiny Committee (DLSC) could not complete the enquiry and that they will conduct the enquiry as expeditiously as possible and submit a report to the Competent Authority.

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In view of the facts and circumstances of the case, respondents 4 to 6/competent authority is directed to complete the enquiry as expeditiously as possible and take appropriate action in accordance with law.

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The writ petition is, accordingly, disposed of. No order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

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__________________________ KONGARA VIJAYA LAKSHMI,J

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Date: 09.07.2021 BSS

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HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

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WRIT PETITION No.6663 of 2021

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Date: 09.07.2021

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BSS

Potikalapudi Jayaram v. the State of Ap

Case brief

What is this about?

What did the court decide?

Potikalapudi Jayaram v. the State of Ap

Case brief

What is this about?

What did the court decide?

What the court decided

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