This court dismissed a writ petition seeking direction to dispose of a pending inquiry regarding the authenticity of a Backward Class certificate held by a third party, finding no further cause for adjudication due to the certificate's cancellation and pending appeal.
Writ petition dismissed. No order as to costs.
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HON’BLE SRI JUSTICE A. GOPAL REDDY
W.P.No.6129 of 2003
Dated: 17-03-2011
Between: K.Rajeshwar …Petitioner AND The District Collector, Nizamabad, Nizamabad District And another Respondents
…Petitioner AND
This Court made the following:
HON’BLE SRI JUSTICE A. GOPAL REDDY
W.P.No.6129 of 2003
ORDER:
This writ petition is filed by the petitioner for issuance of writ of mandamus directing the respondents to dispose of the , which is pending enquiry in file No.C3/1487/2000 before the first respondent with regard to issuance of community certificate to one Bhaktavatsalam Naidu.
It is not necessary to refer to the circumstances under which the petitioner filed the present writ petition. Suffice it to say, the petitioner and said Bhaktavatsalam Naidu had contested to 6th Ward of Nizamabad Municipality pursuant to the election notification dated 12.2.2000 which was reserved for Backward Class. Petitioner, who belongs to Backward Class community is one of the contestants apart from Bhaktavatsalam Naidu. The grievance of the petitioner is that Bhaktavatsalam Naidu belongs to Naidu community (F.C.) but not Munnur Kapu Community, as claimed by him in the nomination paper and that the Backward Class certificate issued to him in 1976 was not true and correct. The first respondent directed the Mandal Revenue Officer to make an enquiry into the matter and submit a report. After conducting the enquiry, the Mandal Revenue Officer confirmed in the report that Bhaktavatsalam Naidu is not a B.C. and his certificate has to be cancelled. On receipt of the report, the first respondent referred the matter to the Revenue Divisional Officer, Nizamabad under Rule 5 of the A.P. Scheduled Castes/Scheduled Tribes and Backward Classes Rules, 1997 to conduct enquiry with regard to genuinity of caste certificate obtained by Bhaktavatsalam Naidu, but, according to the petitioner, so far, the matter has not been disposed of.
Now, the learned Government Pleader for Social Welfare made available a copy of proceedings No.C3/487/2000-2 dated 23.2.2005, wherein the caste certificate obtained by Bhaktavatsalam Naidu to the effect that he belongs to (BC-D) Munnurukapu Community issued by the Tahsildar, Nizamabad dated 21.6.1976 has been cancelled declaring that he belongs to Naidu (OC) community. Questioning the same, said Bhaktavatsalam Naidu filed an appeal before the Government which is stated to be pending. In that view of the matter, no further cause survives for adjudication in this writ petition.
The writ petition is accordingly dismissed. No order as to costs.
________________ A. GOPAL REDDY, J.
MARCH 17, 2011 Tsr.
1 issue framed by the court
Whether further cause survives for adjudication in this writ petition after the cancellation of the accused's caste certificate and pending appeal.
1 provisions across 1 enactments
K.Rajeshwar
The District Collector, Nizamabad
Another Respondent
A. GOPAL REDDY
As recorded by the court registry
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