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2025 DAILYLAW 36598 (AP)

PARASA SURESH KUMAR v. THE UNION OF INDIA

WP/31361/2024 · 2025-04-22

Subba Reddy Satti

body2025

Judgment text

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APHC010600562024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31361/2024 Between: 1. PARASA SURESH KUMAR, S/0. VEERA NAGESWARA RAO (LATE), AGED 46 YEARS, OCC. STATE GENERAL SECRETARY, JAIBHIM RAO BHARAT PARTY, R/0. 2-8-148,LABOUR COLONY, SITHARA THEATER DOWN, VIDHYADHARAPURAM, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH-520012 ...PETITIONER AND 1. THE UNION OF INDIA, REP. BY MINISTRY OF PLANNING,SOUTH BLOCK, NATIONAL INSTITUTION FOR TRANSFORMING INDIA (NITI AAYOG), SANSAD MARG, SANSAD MARG AREA, NEW DELHI, DELHI,INDIA-110001 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PLANNING DEPARTMENT,A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY,SOCIAL WELFARE (CV) DEPARTMENT,SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 4. THE DIRECTOR OF PLANNING DEPARTMENT, ANDHRA PRADESH, TADEPALLI, AMARAVATI, GUNTUR DISTRICT. 5. THE DIRECTOR OF SOCIAL WELFARE, ANDHRA PRADESH, TADEPALLI, AMARAVATI, GUNTUR DISTRICT. 6. DR MUNNANGI NAGARAJU, S/O. ABRAHAM, AGED ABOUT 44 YEARS, OCC NATIONAL PRESIDENT MRPS, (MADIGA RESERVATION PORATA SAMITI), D.NO. 7-344/1, VIJAYANAGARA COLONY, PERALA, CHIRALA, PRAKASHAM DISTRICT, ANDHRA PRADESH 523157. 7. PARANGI SATYARAJU, S/O. PARANGI MOSES, AGED ABOUT 71 YEARS, R/O DOOR NO. 26-40-110/A, 3RD LANE, MAHABOOB NAGAR AT AGRAHARAM, GUNTUR, SECRETARY OF MADIGA JANA SEVA SAMITI, (REGD. NO. 369 OF 2016), H.NO. 5-87-65/2, CHANDRAMOULI NAGAR, 3RD LINE, GUNTUR TOWN AND DISTRICT, ANDHRA PRADESH-522007. RR 6 AND 7 ARE IMPLEADED AS PER COURT'S ORDER DT. 08/01/2025 IN IA 1 AND 2/2025 RESPECTIVELY. ...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 to issue a Writ Order or direction particularly, one in the nature of writ of Mandamus, deaclaring the action of the respondent no.3 in issuing the G.O.Ms. No. 91, dated 20.12.2024 issuing the Standard of Procedure on Social Audit of Caste Survey of Scheduled Castes to the One-Man Commission appointed under G.O.Ms. No. 86, dated 15.11.2024, to undertake a contemporaneous, rigorous empirical inquiry and suggest specific recommendations on the sub-classification of Scheduled Castes (SCs) among the various sub-groups of Scheduled Casts in the State of Andhra Pradesh contrary to the directions of the Hon'ble Supreme Court in State of Punjab and Ors. v. Davinder Singh and Ors. (Civil Appeal No.2317 of 2011), dated 01.08.2024, basing on the caste based survey conducted without considering the sub classification of caste issued in G.O.Ms. No.17 dated 20.11.2023 which was conducted by VSWS (Village Secretary and Ward Secretary) Department as nodal department which was not competent to conduct the survey as per the Census Act, 1948 besides the said survey was not concluded as per the schedule issued in G.O.Rt.No.3, dated 09.01.2024 as illegal, arbitrary, and in violation of Articles 14, 21 and 341 of the Constitution of India besides being contrary to the provisions of the Census Act, 1948 and consequently set aside the impugned G.O.Ms. No. 91, dated 20.12.2024 and G.O.Rt.No. 03, dated 09.01.2024 duly directing the respondent authorities to take immediate steps in constituting an independent commission of experts being appointed under the supervision and approval of the Central Government as per the provisions of the Census Act, 1949 for conducting the contemporaneous, rigorous empirical enquiry to suggest specific recommendations on sub-classification of Scheduled Castes among the various sub-groups of Scheduled Castes in the State of Andhra Pradesh basing on the survey made on the sub-groups of Scheduled Castes as per the guidelines of the Honble Apex Court in State of Punjab and Ors. v. Davinder Singh and Ors. (Civil Appeal No.2317 of 2011), dated 01.08.2024 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 suspend the impugned G.O.Ms. No. 91, dated 20.12.2024 duly directing the authorities to take immediate steps in constituting anexpert commission for conducting the contemporaneous, rigorous empirical enquiry to suggest specific recommendations on sub-classification of Scheduled Castes among the various sub-groups of Scheduled Castes in the State of Andhra Pradesh under the supervision and approval of the Central Government as per the provisions of the Census Act, 1949 pending disposal of the above writ petition and to pass IA 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 allow the petitioner to be impleaded as Respondent No. 6 in W.P. No. 31361 of 2024 as well as lA’s and to and pass IA NO: 2 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 May be pleased to implead the Proposed Respondent No. 6 as Respondent No. 6 in W.P. No. 31361/2024 and also pending miscellaneous petitions therein and to pass Counsel for the Petitioner: 1. JADA SRAVAN KUMAR Counsel for the Respondent(S): 1. JAYAKAR M 2. GP FOR SOCIAL WELFARE 3. 4. GP FOR FINANCE PLANNING 5. DIVYA DOKKA The Court made the following: :: ORDER :: Learned counsel for the petitioner would submit that the cause in the writ petition does not survive for adjudication and the same has become infructuous. 2. Recording the submission, the Writ Petition is dismissed as infructuous. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 22.04.2025 TVN 158 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.31361 OF 2024 Date : 22.04.2025 TVN