Allowed

1.Challa Sambashiva v. The State of Telangana

Telangana HC23 Jun 2016WP/20227/2016

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking declaration of illegality and direction to issue Digital community certificates for petitioner. The Court relied on previous judgments, ordered respondents to furnish digital copies of existing valid certificates within two days, while reserving rights to cancel them under Section 5 of the Act.

What did the court decide?

Respondents directed to furnish digital copies of Community, Nativity and Date of Birth certificates within two days.

1.Challa Sambashiva Vs The State of… — Pension and Retirement Benefits | Telangana HC (2016)

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THE HON’BLE SRI JUSTICE C. PRAVEEN KUMAR

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WRIT PETITION No.20227 OF 2016

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ORDER:

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Heard learned counsel for the petitioners, the learned Government Pleader for Social Welfare and the learned Government Pleader for Revenue. With consent of the counsel appearing for both sides, the present writ petition is disposed of at the admission stage.

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2 . The present writ petition came to be filed with the following prayer:

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“to issue an appropriate writ, order or direction; more particularly one in the nature of Writ of Mandamus declaring:

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i) the order dated 21.03.2016 issued by respondent No.3 as illegal, arbitrary, unconstitutional and contrary to the provisions of Andhra Pradesh (SC, ST & BCs) Regulation of Issue of Community Certificates Act, 1993 and Rules, 1997.

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ii) direct the 3^rd respondent to issue Digital backward class Community Certificate to the Petitioners as belonging to “Gandla” Community and pass such other order or orders as this Hon’ble Court deemed fit and proper in the circumstances of the case.”

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3. Perusal of the order dated 06.07.2015 passed by this Court in W.P.No.17508 of 2015 reflects that the prayer therein was also on similar lines. In terms of the earlier decision of this Court in W.P.No.17560 of 2015, the learned Judge granted relief to the petitioners therein. The Community, Nativity and Date of Birth Certificates issued to the petitioners herein clearly mentioned that they belong to “Gandla” Community, a backward caste.

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4. In that view of the matter, the Writ Petition is disposed of on the same lines as in W.P.No.17508 of 2015 with the following direction.

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5. Since the Community, Nativity and Date of Birth Certificates issued by the Tahsildar, Mahadevpur Mandal, Karimnagar District are admittedly, still in force, the respondents, shall within two (02) days from the date of receipt of a copy of this order, furnish the petitioners a digital copy of the said certificates. It is made clear that this order shall not preclude the respondents from initiating action under Section 5 of the Andhra Pradesh (SC, ST & BCs) Regulation of Issue of Community Certificates Act, 1993 for cancellation of the caste certificates of the petitioners, if otherwise warranted.

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Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs.

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_______________________________ JUSTICE C. PRAVEEN KUMAR

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Date: 23.06.2016 Note: Furnish C.C. within two (02) days. (B/O) YVL

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THE HON’BLE SRI JUSTICE C. PRAVEEN KUMAR

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WRIT PETITION No.20227 OF 2016

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Date: 23.06.2016