APHC010398702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TENTH DAY OF SEPTEMBER ^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 20568 OF 2025 Between: 1. Matta Rama Murthy, S/o. Somaraju Cultivation, 2. Matta Bhavita Goudu, D/o. Avathar Meher Baba Goudu, Aged about 24 years, Occ Student 3. Matta Sai Ajay Goudu, S/o. Avathar Meher Baba Goudu, Aged about 22 years, Occ Student, 4. Matta Avathar Meher Baba Goudu, S/o. Subba Rao, Aged about 49 years, Occ Cultivation All are residents of China Ramanayyapeta Village, Devipatnam Mandal, Alluri Seetharama Raju District Aged about 64 years, Occ ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Secretary, Department of Tribal Welfare, Secretariat, Velagapudi, Amaravathi, Guntur District 2. The District Collector and District Magistrate, Alluri Seetharama Raju District at Paderu 3. The District Level Scrutiny Committee (DLSC), And Project Officer, ITDA, Rampachodavaram, Rep. by its Chairman, Alluri Seetharama Raju District 4. The Tahsildar, Devipatnam Mandal, Alluri Seetharama Raju District. ...RESPONDENTS 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 to issue the Writ, Order or direction more particularly one in the nature of Writ of Mandamus to set - aside the letter No. 2809105 / TW. CV / 2025 dated 12.05.2025 of the 1®* Respondent wherein confirmed the proceedings Ref. Computer No.8153, dated 13.02.2025 of the 2 Respondent, subsequently to direct the Respondents to continue the previous Goudu” Schedule Tribe which is nd Caste Certificates of Petitioners as recognised by the Constitution of India. lA NO: 1 OF 2025 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 to suspend the letter No. 2809105 / TW. CV / 2025 dated 12.05.2025 of the 1 Respondent wherein confirmed proceedings Ref Computer No. 8153, dated 13.02.2025 of the 2""^ Respondent, subsequently to enforce previous Caste Certificates of the Petitioners as Goudu Schedule Tribe to get the benefits under Schedule Tribe category pending disposal of the writ petition. Counsel for the Petitioners: SRI K. RAMA KOTESWARA RAO Counsel for the Respondent No.1 :GP FOR SOCIAL WELFARE Counsel for the Respondent Nos.2 to 4: GP FOR REVENUE The Court made the following order: St IN THE HIGH COURT OF ANDHRA PRADESH at AMARAVATl (Special Original Jurisdiction) WEDNESDAY THE TENTH DAY OF SEPTEMBER "' two THOUSAND AND TWENTY FIVE PRESENT JUSTICE K SREENIVASA REDDY APHC010398702025 0^0 0 THE HONOURABLE SRI WRIT PETITION NO: ?0568 OF 2025 Between: 1 MATTA RAMA MURTHY, S/o. Somaraju, Aged about 64 rM^Ua Bba "Su D/o. Avathar Meher Baba Goudu, Aged f ^Sa^Ajay Goudu.. S/o. Avathar Meher Baba Goudu. Aged about 22 years. Occ Student. 4 Matta Avathar Meher Baba Goudu rintVa^ra vrge,^Sn"ant'^^ -un Seetbata.a Raju District S/o. Subba Rao. Aged residents of China ...Petitioners AND fTrottric^c"*and District Magistrate, Alluri Seetharama n“t“l scrutiny Conrnrittee O^And^roje^t Officer. ITDA. Rampachodavaram. Rep. by it Seetharama Raju District mi, ,ri Seetharama Raju 4. The Tahsildar. Devipatnam Mandal, Alluri Seetnaram j District. ...Respondents SRK, J W.P.No.20568 of 2025 2 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 to issue the Writ, Order or direction more particularly one in the nature of Writ of Mandamus aside the letter No.2809105 / TW. CV / 2025 dated the 1 Respondent wherein Computer No. 8153, dated 13.02.2025 of to set - 12.05.2025 of confirmed the proceedings Ref. the 2nd Respondent, subsequently to direct the Respondents to continue the previous Caste Certificates of Petitioners as Goudu Schedule Tribe which IS recognised by the Constitution of India. Counsel for the Petitioners: K RAMA KOTESWARA Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents: GP FOR SOCIAL WELFARE RAO pv—’ : SRK, J W.P.No.20568 of 2025 3 <C^ The Court made the following ORDER: f This Writ Petition has been filed questioning the action of 1®' respondent in issuing the impugned proceedings, vide letter NO.2809105/TW.CV/2025, dated 12.05.2025, whereby and whereunder the appeal filed by the petitioners, against the proceedings dated 13.02.2025 of the Collector and District Magistrate, Alluri Seetharama Raju district, cancelling their “ST- GOUDU” caste certificates, was rejected on the ground that the appeal was not filed within the time as prescribed in Section 8(1) of the AP (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 (Act 16 of 1993). 2. Learned counsel appearing on behalf of the petitioners submits that, respondent, vide proceedings dated 13.02.2025, cancelled the “ST-GOUDU” caste certificates of the petitioners and the said proceedings was dispatched to the respective stakeholders by respondent on 18.03.2025. He further submits that on receipt of said proceedings, the petitioners herein preferred an appeal before 1®* respondent on 09.04.2025 i.e., within 30 days from the date of receipt of the said proceedings. Despite the same, 1®* respondent issued the impugned proceedings by rejecting the appeal on the ground that the same has not been filed within time. 3. Heard. Perused the record. 4. A perusal of the material on record goes to show that copy of proceedings of 2^^ respondent dated 13.02.2025, cancelling the “ST-GOUDU” caste certificates of the petitioners, was SRK, J W.P.No.20568 of 2025 4 dispatched on 18.03.2025 and proceedings, the petitioners herein preferred respondent on 09.04.2025 i.. from the date of receipt of the receipt of the said an appeal before 1®' e., well within the period of 30 days order, as contemplated under Section 8(1) of the AP (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 (Act 16 of 1993). But, surprisingly, 1" respondent, vide impugned proceedings dated 12.05,2025, rejected the appeal on the ground that the same has not been filed within 30 days. In view of the aforesaid facts and circumstances, this Court is of the opinion that the balance of the Writ Petitioners and the matter i 1®* respondent afresh. on 5. convenience is in favour of is required to be examined by 6. Accordingly, the Writ Petition is allowed. The order passed by T" respondent dated 12.05.2025 remanded to 1®* respondent with IS set aside and the matter is a direction to pass appropriate orders afresh, by examining the dates of dispatch of order passed by 2 respondent and date of filing of appeal three (3) weeks from the date of within a period of receipt of a copy of this order. There shall be no order as to costs. As a sequel thereto, the miscellaneous pending in this Writ Petition shall stand closed. applications, if any Sd/- B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Secretary, Department of Tribal Welfare, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District The District Collector and District Magistrate, Alluri Seetharama Raju District at Paderu The Chairman, District Level Scrutiny Committee(DLSC), And Project Officer, ITDA, Rampachodavaram, Alluri Seetharama Raju District 2. 3. 4. The Tahsildar, Devipatnam Mandal, Alluri Seetharama Raju District. 5. One CC to Sri K. Rama Koteswara Rao, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 7. Two CCs to GP for Social Welfare, High Court of Andhra Pradesh [OUT] 8. Two CD Copies. ssb high court DATED; 10/09/2025 ORDER WP No. 20568 OF 2025 Of ANDf^ 2 5 SEP 2025 mk4 (S' Current Section !!5:^SPAT^^^ ALLOWING THE W.P. WITHOUT COSTS