1^. APHC010014322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARAJAN IA.No.4 of 2025 IN WRIT PETITION NO: 740 OF 2025 IA.No.4 of 2025 Between: The Superintendent of Police, SPSR Nellore District, Nellore. ...Review Petitioner AND 1. Koppula Ajarathiah, S/o Koppula Alluraiah, Aged about 54 years, Occ. Reserved, Police Constable, R/o D.No.27-2-5, Nakkalapalli Sangam, Balaji Nagar, Nellore, Nellore District. ...RespondentA/Vrit Petitioner 2. The State of Andhra Pradesh, Rep. by Its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. 3. The State of Andhra Pradesh, Rep. by Its Secretary, Tribal Welfare Department, Secretariat Buildings, Velagapudi, Guntur District. 4. The District Collector and District Magistrate, Nellore District, Nellore. 5. The District Level Scrutiny Committee DISC, Rep by its Chairman Joint Collector, Nellore District, Nellore. 6. The Tahsildar, Nellore Urban Mandal, Nellore, Nellore District. 7. The Deputy Superintendent of Police, Armed Reserve Police, SPSR Nellore District, Nellore. cum ...Respondents/Respondents (Respondent Nos 2 to 7 are formal parties) I 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 review the order passed in I.A.No.2 of 2025 in W.P.No.740 of 2025, dated 12-02-2025 by set aside the same. WRIT PETITION NO: 740 OF 2025 ' Between: Koppula Ajarathiah, S/o Koppula Alluraiah, Aged about 54 years, Occ. Reserved Police Constable, R/o D.No.27-2-5, Nakkalapalli Sangam, Balaji Nagar,'Nellore, Nellore District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by Its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Rep. by Its Secretary, Tribal Welfare Department, Secretariat Buildings, Velagapudi, Guntur District. 3. The District Collector and District Magistrate, Nellore District, Nellore. 4. The District Level Scrutiny Committee DISC, Rep by its Chairman Joint Collector, Nellore District, Nellore. 5. The Tahsildar, Nellore Urban Maridal, Nellore, Nellore District. 6. The Superintendent of Police, SPSR Nellore District, Nellore. 7. The'Deputy Superintendent of Police, Armed Reserve Police, SPSR Nellore District, Nellore. cum ...Respondents Petition un^er 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 Writ order or direction more particularly one in the nature of Writ of Mandamus declare in the action of respondents No.1 to 3 in not proceeding with an appeal filed by the petitioner received by them on 05-02- 2024 against the orders of 3 respondent in Rc File No.COLNLR - CSE30VCI(VERS)/13/2023-MaglC5, dated 20-01-2024 as illegal, arbitrary. violation of provisions of Andhra Pradesh (Schedule Castes and Backward Classes) Regulation of issue of community certificate Act, 1993 and rules framed thereunder and violation of articles 14 of India and consequently direct the respondents No.1 to dispose of the appeal as expeditiously as possible by giving an opportunity to the petitioner of hearing. ' lA NO: 1 OF 207^ • Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fiied in support of the petition, the High Court may be pieased to suspend the proceedings of the 3'^ respondent vide Rc File No.COLNLR- , SE30VCi(VERS)/13/20 23-Magi C5, dated 20-01-2024 pending disposai above Writ Petition. lA NO: 2 OF 2n2fi Petition under Section 151 CPC Schedule Tribes 21 of the Constitution of the praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the registry to list the above Writ Petition vide W.P. No.740 of 2025 in the caption of "For Being Mention" to rectify the mistake in orders dt. 10-01- 2025. lA NO: 3 OF 202fi 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 dispense with the filing of the full cause title certified copy of order dt. 10-01- . 2025 in W.P. No.740 of 2025. Counsel for the Review Petitioner: GP FOR SERVICES Counsel for the Review Respondent No.1: SRI HARINATH REDDY SOMA Counsel for the Review Respondents: GP FOR SERVICES The Court made the following order: -I -II APHC010014322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN I.A.No.4 of 2025 In WRIT PETITION NO: 740/2025 Between: 1.KOPPULA AJARATHIAH, S/0 KOPPULA ALLURAIAH, AGED ABOUT 54 YEARS, OCC. RESERVED POLICE CONSTABLE, R/0 D. NO. 27- 2-5, NAKKALAPALLI SANGAM, BALAJI NAGAR, NELLORE, NELLORE DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, TRIBAL WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 3.THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, NELLORE DISTRICT, NELLORE. 4.THE DISTRICT LEVEL SCRUTINY COMMITTEE DLSC, REP BY ITS CHAIRMAN CUM JOINT COLLECTOR, NELLORE DISTRICT, NELLORE. 5.THE TAHSILDAR, NELLORE URBAN MANDAL, NELLORE, NELLORE DISTRICT. 6.THE SUPERINTENDENT OF POLICE, SPSR NELLORE DISTRICT, NELLORE. 2 7.THE DEPUTY SUPERINTENDENT OF POLICE, ARMED RESERVE POLICE, SPSR NELLORE DISTRICT, NELLORE. ...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 topleased to issue Writ order or direction more particularly one in the nature of Writ of Mandamus declare in the action of respondents No.I to 3 in not proceeding with an appeal filed by the petitioner received by them on 05- 02-2024 against the orders of 3rd respondent in Rc File No.CCLNLR - CSE30VCI(VERS)/13/2023-Magl C5, dated 20-01-2024 as illegal, arbitrary, violation of provisions of Andhra Pradesh (Schedule Castes, Schedule Tribes and Backward Classes) Regulation of issue of community certificate Act, 1993 and rules framed thereunder and violation of articles 14, 21 of the Constitution of India and consequently direct the respondents No.I to dispose of the appeal as expeditiously as possible by giving an opportunity to the petitioner of hearing and pass 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 pleased to suspend the proceedings of the 3rd respondent vide Rc File No.CCLNLR - SE30VCI(VERS)/13/20 23- Magi C5, dated 20-01-2024 pending disposal of the above Writ Petition and pass lA 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 Pleased to direct the registry to list the above Writ Petition vide W.P No.740 of 2025 in the caption of "For Being Mention" to rectify the mistake in orders dt. 10-01-2025 and pass IANO:3 0F 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 pleased to dispense with the filing of the full cause title certified copy of order dt. 10-01-2025 in W.P. No.740 of 2025 and pass lA NO: 4 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 review the order passed in I.A.No.2 of 2025 in W.P.No.740 of 2025, dated 12-02-2025 by set aside the same and to pass 3 Counsel for the Petitioner: 1. HARINATH REDDY SOMA Counsel for the Respondent{S): 1.GP FOR SERVICES I 2.GP FOR SERVICES II The Court made the following; 4 The Court made the following Order: The Writ Petition was initially filed questioning the action of respondent Nos.1 to 3 in not deciding the appeal preferred on 05.02.2024, challenging the orders of respondent No.3, dated 20.01.2024 as illegal and arbitrary and consequential direction was sought for disposal of the said appeal in the expeditious manner. The Writ Petition came to be disposed at admission stage on 10.01.2025 with the consent of both learned counsel for the petitioner as well as learned Government Pleader appearing for the respondents by a direction to the respondent No.1 to dispose the very appeal preferred on 03.02.2024 and pass appropriate reasoned orders in accordance with law within a period of three (03) months from the date of receipt of order. Thereafter, petitioner seems to have filed I.A.No.2 of 2025 on 06.02.2025 for listing of the writ petition under the caption of “for being mentioned” seeking for rectification of mistake contained in the final order dated 10.01.2025 passed in the writ petition. The said I.A came to be disposed on 12.02.2025 by modifying para No.6 of the original order in following terms;- 2. Considering the submissions of both the learned counsels, without touching the merits of the case, this Court deems it appropriate to dispose of the case at the stage of admission with the consent of both the learned counsel. Accordingly, the 1®' respondent is directed to dispose of the appeal filed by the petitioner, dated 03.02.2024, and pass appropriate reasoned orders in accordance with law within a period of three (03) months from the date of receipt of a copy of this order. Till then, the respondent No.6 is directed not to take any coercive steps pursuant to show cause notice, dated 21.12.2024 pending disposal of the appeal before respondent No.1.” 6. 5 3. Respondents in the Writ Petition have now come up with present review !.A.No.4 of 2025 seeking review of order passed on I.A.No.2 of 2025. Learned counsel for the review petitioner submits that the caste certificate basing on which writ petitioner was provided employment came to be cancelled by proceedings dated 20.01.2024, as against which an appeal came to be preferred before Government on 03.02.2024, meanwhile proceedings came to be initiated against petitioner in discharging him from service by issuing show cause notice dated 21.12.2024. While that being petitioner had come up with present writ petition questioning the inaction of respondents in disposing the appeal preferred before Government. The same came to be disposed by this Court at admission stage on 10.01.2025 by directing respondent No.1 therein to dispose the appeal within three (03) months. As against the show cause notice, final orders came to be passed 11.01.2025, discharging the petitioner from service despite that without reference to the same an application was filed before this Court in I.A.No.2 of 2025 on 06.02.2025 seeking for rectification of the alleged mistake in the order. The same came to be disposed on 12.02.2025 without being aware of the orders dated 11.01.2025. By which time, petitioner came to be discharged from service, resulting in a further direction being issued to the respondents not to take any coercive steps pending disposal of the appeal. By the time, the said order came to be passed and the petitioner came to be removed from service. The said direction virtually rendered ineffective. Therefore, the necessitated in filing the present review. He further submits that in pursuance 4. so on same 6 to the direction granted by this Court the appeal preferred by the petitioner came to be disposed on 24.03.2025, rejecting the appeal. Learned counsel for the respondent/writ petitioner on other hand 5. submitted that while writ petition was disposed at admission stage on 10.01.2025, there was no such order of removal of petitioner from service, and that this Court though dictated the order in open Court in presence of both counsel for petitioner and respondents, with specific direction not to take any coercive steps, by sheer inadvertence and mistake, the said portion of direction was not reflected in the order, therefore immediately after receiving the copy of the order, application was moved under the caption ‘for being mentioned’ seeking rectification of the mistake. Rightly the Court having recollected the facts and realised that mistake crept in and that too in the presence of learned counsel for the respondents passed further orders incorporating the direction. Therefore, it cannot be said that there was never any such interim protection of not taking coercive action was issued. Further, it is also submitted that the review itself is not maintainable as there is no error apparent on the face of the order or record. Though both counsel advanced above said submissions, this Court finds that in view of subsequent developments that the very appeal preferred by the petitioner before Government came to be rejected by orders dated 24.03.2025, resultantly as on today, caste certificate issued in favour of the petitioner stands cancelled, based on which he claimed employment and that he has also been removed from service by proceedings dated 11.01.2025, the 6. 1 question merely becomes academic, hence this Court is not inclined to go into the aspect of whether the order passed in I.A.No.2 of 2025 suffers from any apparent error on the face of the record. 7. Accordingly, the Review Petition stands closed. The petitioner is at liberty to challenge the above said proceedings, if it is against him. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- K. TATA RAO DEPUTY RE6JSTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri Harinath Reddy Soma, Advocate 2. Two CCs to GP for Services -1, 3. Two ,CCs to GP for Services - II 4. Two CD Copies [OPUC] High Court of Andhra Pradesh [OUT] , High Court of Andhra Pradesh [OUT] RAM HIGH COURT f / . DATED;01/08/2025 I ORDER IA.No.4 of 2025 OF O ar 02 IN (D m ★ Current Section WP NO. 740 OF 2025 I CLOSING THE I.A.No.4 of 2025 WITHOUT COSTS