This single-judge decision dismissed a writ appeal seeking suspension of orders canceling the appellant's Scheduled Tribe certificate. The High Court found no prima facie case or balance of convenience to grant interim relief.
The application for interim suspension of the appeal orders was rejected; Writ Appeal dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
MONDAY, THE NINETEENTH DAY OF JULY TWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE J.CHELAMESWAR
and
THE HON'BLE MR JUSTICE GODA RAGHURAM
WRIT APPEAL NO : 1088 of 2004
(Writ Appeal under Clause 15 of the Letters Patent against the Order dated 06/07/2004 in WP NO: 10846 OF 2004 on the file of the High Court.)
Between:
Trinatha Majhi, S/o. Late Biswamber Mahji, I.D. Depot, Vamsadhara project Circle, Srikakulam District.
..... APPELLANT
AND
.....RESPONDENTS
Counsel for the Appellant: MR.B.SUDHAKAR REDDY & NEERAJA REDDY
Counsel for the Respondent Nos.1 to 5: GP FOR SOCIAL WELFARE The Court at the admission stage made the following :
THE HON’BLE SRI JUSTICE J. CHELAMESWAR
AND
THE HON’BLE SRI JUSTICE GODA RAGHURAM
WRIT APPEAL NO.1088 OF 2004
JUDGMENT: (Per Hon’ble Sri Justice Goda Raghuram)
The appellant submitted a caste certificate certifying him as belonging to “Bentho Oriya” Scheduled Tribe and obtained employment in the Irrigation Department. An enquiry into the caste certificate produced by him was held under the A.P.(SC/ST/BCs) issue of Community, Nativity and Date of Birth certificate Rules, 1977. By an order of the District Collector-2nd respondent dated 08-102002, the Scheduled Tribe Certificate obtained by the petitioner was cancelled on a conclusion that he did not belong to the “ Bentho Oriya” caste. Aggrieved, the petitioner preferred an appeal to the State Government. The appeal was rejected in G.O.Ms.No.49 dated 01-06-2004. Aggrieved thereby, he filed Writ Petition No. 10846 of 2004 and sought interim suspension of the primary and the appellate orders. A learned Single Judge of this Court concluded that as there are concurrent findings by the primary and appellate authorities in support of the fact that the petitioner does not belongs to the Scheduled Tribe, no case was made out for interdiction of the primary and appellate orders and accordingly rejected the application for interim relief.
Considerations of prima facie case and balance of convenience do not warrant any interim relief to the petitioner. We see no error in the order under appeal.
Accordingly, the Writ Appeal is dismissed at the stage of admission. No costs.
--------------------------------J. CHELAMESWAR, J.
--------------------------------GODA RAGHURAM, J. 19th July, 2004 bud/mrk
To
6. 2 CD Copies
1 issue framed by the court
Whether there was a prima facie case and balance of convenience warranting interim relief to suspend the orders canceling the Scheduled Tribe certificate.
1 provisions across 1 enactments
Trinatha Majhi
Government of Andhra Pradesh
J. CHELAMESWAR
GODA RAGHURAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
