APHC010304772024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY,THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 16590/2024 Between: 1. YEGGEPALLI ANITHA, W/O. LAKSHMAN RAO, AGED 30 YEARS, FEMALE, R/O. UPPALAMETTA, JANGAREDDYGUDEM VILLAGE, JANGAREDDYGUDEM MANDAL, ELURU DISTRICT. ...PETITIONER AND 1. THE GOVERNMENT OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY SOCIAL WELFARE DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ELURU DISTRICT, ELURU. 3. THE SUB COLLECTOR, ELURU DISTRICT ELURU. 4. THE TAHSILDAR, BUTTAYIGUDEM MANDAL, BUTTAYIGUDEM, WEST GODAVARI DISTRICT. 5. THE DISTRICT EDUCATION OFFICER, ELURU DISTRICT, ELURU. 6. THE PROJECT DIRECTOR, ITDA, BUTTAYAGUDEM, 2 BUTTAYAGUDEM, ELURU DISTRICT. 7. KORSA MANGATAYARU, W/O. LAKSHMAN RAO, FEMALE, AGED 28 YEARS, D.NO. 14-1385, N K RAJAPURAM JUNCTION SEETHAMPETA ROAD, PALAKONDA, PARVATHIPURAM MANYAM DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tomay be pleased to issue a writ, order or a direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not taking any action on my representation/Complaint Dt-18.04.2024 to conduct enquiry on the caste certificate and status of the unofficial respondent as Scheduled Tribe (Koya Community) on Application No.CGCO11714708330 Dt-05.10.2017 illegal, irregular, arbitrary and violative of the provisions of the Andhra Pradesh (Schedule Caste, Schedule Tribes and Backward Classes) Regulation of issue of Community Certificates Act 1993, Act No. 16 of 1993 and violative of Articles 14, 21 of the Constitution of India and consequently direct the respondents to cancel the caste certificate issued to un-official respondent vide Application No. CGC011714708330 Dt- 05.10.2017 and to pass. IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the official Respondents to consider the complaint Dt: 18.04.2024, and take action under the provisions of Andhra Pradesh (Schadule Caste, Schedule Tribes and Backward Classes) Regulation of issue of Community Certificates Act 1993, Act No. 16 of 1993, pending disposal of the Writ Petition and to pass Counsel for the Petitioner: 3 1. MANGENA SREE RAMA RAO Counsel for the Respondent(S): 1. GP FOR SOCIAL WELFARE The Court made the following: 4 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.16590 of 2024 O R DE R: 1. The present Writ Petition is filed questioning the action of the Respondents in not taking any action with regard to the representation/complaint, dated 18.04.2024, given by the Petitioner to conduct an enquiry with regard to the caste certificate and status of the Respondent No.7, as illegal and arbitrary. 2. The facts in brief are as follows:- A First Information Report (for short, ‘FIR’) was registered against the Petitioner in Cr.No.65/2017 for the offences under Section 385 and 506 of the Indian Penal Code (for short, ‘IPC’) and Section 3(1)(s), 3(ii)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (for short, ‘SC, ST (POA) Act’) in Jangareddygudem Police Station at the insistence of Respondent No.7, who is working as a teacher in Zilla Parishad High School, Vedanthapuram. 5 3. 5 3. After registration of FIR, the police conducted an investigation and filed a charge sheet only for the offences under Sections 385 and 506 of IPC and deleted the Sections coming under the SC, ST (POA) Act since the Respondent No.7 belongs to ‘Kapu’ caste (O.C community). On the basis of the said charge sheet, the Petitioner had given a complaint on 18.04.2024 questioning the caste certificate of the Respondent No.7 and her consequential employment as a teacher in Zilla Parishad High School, Vedanthapuram. As no further action was being taken with regard to the complaint filed by the Petitioner, the present Writ Petition is filed. 4. Learned Assistant Government Pleader passed on signed instructions of Tahasildar, Buttaigudem, dated 28.04.2026, wherein it was submitted that, pursuant to the complaint given by the Petitioner, an enquiry was conducted and a enquiry report was submitted along with the findings to the District Collector vide Roc.No.307/2024/A, dated 05.08.2024 for taking further action. It was further submitted that, further action will be initiated against the Respondent No.7 in accordance with law. 6 5. Heard the counsels. 6. As narrated above, an FIR was initially registered against the Petitioner under Sections 385 and 506 of the IPC and Section 3(1)(s), 3(ii)(va) of the SC, ST (POA) Act in Jangareddygudem Police Station and after due investigation, the police excluded the offences coming under SC, ST (POA) Act. The relevant portion of the charge-sheet reads as under:- “Since LW-1 belongs to OC-Kapu community and SC,ST provisions are not attracted in this case, LW-11 appraised the facts to the Superintendent of Police, West Godavari District, Eluru and obtained orders to delete the provisions of SC,ST (POA) Act. and to proceed further and himself file charge sheet in the court in Cr.No.65/2016 u/s 385, 506 IPC and Sec.3(i)(s) & 3(2)(va) of SC,ST (POA) Act.2015 of J.R.Gudem P.S. vide proceedings in C.No.1419/C2/Auth/ SC&ST/2017, dt.25-07-2017. LW-11 filed alter memo in the Hon'ble court with a request to treat the case u/s 385, 506 IPC” 7. As per the instructions of Tahasildar, Buttaigudem, an enquiry was conducted and an enquiry report was submitted along with the findings to the District Collector vide Roc.No.307/2024/A, dated 05.08.2024 for taking further action. 8. Considering the submissions, this Writ Petition is disposed of, with the following directions:- (i) The Respondent-Authorities are directed to take 7 necessary action on the enquiry report submitted regarding the caste status/certificate of the Respondent No.7, as expeditiously as possible, preferably within a period of four (04) months from the date of receipt of a copy of this order. (ii) There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed. __________________ NYAPATHY VIJAY, J Date: 04.05.2026 chs 8 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 176 WRIT PETITION NO:16590/2024 Dt. 04.05.2026 chs