Allowed

Jammi Devender v. The State of Telangana

Telangana HC8 Nov 2023WP/30454/2023

Case brief

AI extract

What is this about?

Petitioner filed writ petition seeking direction to cancel his BC-C certificate and immediate disposal of pending representation. Court held that since representations were already filed with the competent authority, a direction to reconsider and dispose within eight weeks was issued at admission stage.

What did the court decide?

Directed Respondent No. 2 to consider and dispose of the representation dated 19.08.2023 after hearing, within eight weeks from receipt of copy of order. No order as to costs.

Jammi Devender Vs The State of Telangana — Pension and Retirement Benefits | Telangana HC (2023)

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[3300 ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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WEDNESDAY, THE EIGHTH DAY OF NOVEIVIBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

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WRIT PETITION NO: 30454 OF 2023

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Between:

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Jammi Devender, S/o J.Yadaiah, R/o Flat No.303, Laxmi Ganapathi Apartments Central Park, Kompally Village, Dundigal lViandal, l,4edchal N/alkaigari Diskict.

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,..PETITIONER

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AND

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The State of Telangana, Rep by its Principal Secretary to Government Revenue Department, Telangana Secretariat, Hyderabad 500 022

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The District Collector and District Magistrate, Medchal fr/alkajgiri District.

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The Joint collector, lvledchal [vlalkajgiri Diskict.

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4, The Revenue Divisional Officer, Shamirpet lvlandal, [,4edchal Malkajgiri District.

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The Tahsildhar Upparpally Village, Shamirpet^{lVlandal, ltrledchal} Malkajgiri District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia^praying thatⁱⁿ the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction, more^particularly oneⁱⁿ the nature of a Writ of Mandamus declaring the action of the second respondent in not^passing orders in Lr-No.C1246212020 dated 2310412021^{which is pending Since 2020 as} arbitrary, illegal and violation of^principles of^{natural justice and} consequently direct the second respondent to pass orders in^{Lr.No.C/246212O20dated} 23tO412021 .

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lA NO: 1 OF 2023

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Petition under Section 151 CPC^praying that in the circumslances statedⁱⁿ the affidavit filed in support of the^petition, the High Court may be^{pleasedto direct} the second respondent to^pass order in^{Lr.No.Cl2462l2020dated2310412021} pending before second respondent, forthwith.

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Counsel for the Petitioner: SRI SATYAM REDDY FOR M/s. K.V.RAJASREE Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER

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1 I I I

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THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

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WRIT PETITOIN No.3O454 of 2023

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ORDER:

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This s,rit petrtion is liled seeking the follou'ing reliel

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"ro lssue u'it ol' tnandantus declaing the cLction of the secontT respondenL in not pctssing orders in Lr.No.C/ 2162/ 2020 datecl 23,04.2021 uthich is pending s[nce 202a as arbitrary, iUegol a.n.d. uiolation of pinciptes of naitral jttsticc and consequentlq direct respondent No.2 tct pcz-s-s orclers in Lr. No. C/ 2462/ 202O dated 23.04.202 t"

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The case of the petitioner is that originally he belongs to Scheduled Caste communitl' and later, he rl'as baptized as Christian. Thercafter, he applied for BC-C certificate and he was issued BC C certificate on 27 .O1.202O . However, the petitioner never followed customs of Christian Community ald he has also performed his daughter's marriage as per the Hindu customs. Subsequently, at request of the petitioner, pastor viz., M.Bhasker, Bethel Bible Follow Ship, Kompally, has canceled his certificate of Baptism and gave no objection certihcate for re-joining in his original community. It is further case of the petitioner that as per circular Memo No.1O956/CVl /97 2 dated 16.02.1998 issued by Social

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-:-!re
.n

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Welfare Department, if^{a person,who has been converted to} other religlon other^{than Hinduism or Sikhism or Buddhism,} can again revert^{back to his original religion. The pe[itioner} annexed a cop-v of^{letter ol the Tahsildaraddressedto the} District Collector vide^Lr.No.C /59 12021^{datedOl'12'2021} stating that as per the^{letter of the District Collector,dated} 16.1I.2021, the Tahsildhar^{enquired into the matterand} subm itted that the^{petitioner has been following the Hindu} religion ancl also stated^{that his Baptism certificate$'as} carrcelled on^{29.O7 .2020. It is also the case of the petitioner} that one Sri.A.Anjaael-ulu^{of Kompally village submitted a} representation dated^{23.12.2O2Oto the District Collector,} Medchal Malkajgiri^{District stating that hebelongsto} Scheduled Caste^{Community;that though he convertedinto} Christianiq-, he^{performed his daughter's marriageas per} Hindu Rights and^{Customs.Said representationwas registered} as Lr.No.Cl2462 l2O2O,^{dated 23-04'2021 before the} Additional Collector.^{As respondent No'2 isthe proper} authority to cancel^{the BC-C certiflcate,representationhas} been transf6rred to^{respondent No.2 and the same is pending'} Subsequently, the^{petitionergave his representationsdated}

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\ I

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14.O8.2022 ar-rd 19.08.2023 requesting respondent No.2 to cancel BC-C certificate, hou'ever, no action has been taken by respondent No.2. Therelbre, the petitioner has approached this Court to direct respondent No.2 to cancel his BC-C certificate issued by Tahsildhar b-r disposing ol his representations dated 14.08.2023 and 19.08.2023 addressed to District Collector and District Nlagistrate, MedchalMalkajgiri District

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Heard the submissior-rs o[ Sri Satvam Reddy, learned Senior Counsel appearing lbr Srr K.V.Rajasree, learned counsel for the petitioner and lear ncd Gor,'ernment Pleader for Social Welfare appearing for the respondents.

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Having regard to the fact that the petitioner has already made representations, the latest being the one dated 19.08.2023 to respondent No.2, who is the competent authority, to take action, this Court deems it ht and proper to direct respondent No.2 to consider and dispose of the said representation,

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This Writ Petitron is accordingly disposed of at^the admission stage, directing respondent^{No.2 to considerand} dispose of the representation dated 19.08.2023^{a.ftergiving an} opportunity of hearing, within^{a period} of eight^{(O8) weeksfrom} the date of receipt of a cop-r of this order. There shall^{be no} order as to costs.

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Miscellaneous application s, if any pending, shall^also

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stand closed

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DDY SDI.NPAqMANABHA TRAR

//TRUE^COPYI/

SECNON^{OFF ICER}

1 2. 3. 4. ilffi.$gffitl+ffitrtr,mr.nfl".s,3lil:HilJI

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1. +it+:;.;;;"^{UpparparrvVitrase' Shamirpet Mandar' Medchar Markajsiri}

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's:i'l?si'filstateorreransana'at

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PSK,

CC TODAY

HIGH COURT

DATED:0811112023

ORDER

WP.No.3O454 of 2023

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS. s.i' ffiF

Jammi Devender v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Jammi Devender v. The State of Telangana

Case brief

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What did the court decide?

What the court decided

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Statutes considered

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