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2025 DAILYLAW 5473 (AP)

SADHANALA TIRUPATHI RAYUDUD v. THE STATE OF ANDHRA PRADESH

WP/2696/2025 · 2025-02-05

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA' WRIT PETITION NO: 2696 OF 2025 Between: Sadhanala Tirupathi Rayudud, S/o. Satya Venkata chalapathirao, 58 years Occ Self employment R/o. Rajamahendravaram Rajamahendravaram Urban , East Godavari Distric ...PETITIONER AND 1. The State Of Andhra Pradesh, rep. by its Principal Secretary, Social Welfare Department, Secretariat Buildings, Velagapudi Amaravati, Guntur District. 2. The District Collector, Alluri Sitharamaraju district Paderu. 3. Revenue Divisional Officer, Paderu Revenue Division, Paderu, Alluri Sitharamaraju District. 4. Tahsildar, Gangavaram Mandal, Gangavaram, Alluri Sitharamaraju District. 5. Tahsildar, Addateegala,Mandal Addateegala District. Alluri Sitharamaraju V ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue writ, order or direction, more particularly one nature of Writ of Writ of Mandamus declaring the action of respondents No.2 to 5 in not considering the application of the petitioner for the issuance of caste is illegal and contrary to the well-established principles and violative of the Articles 14 and 21 of the Constitution of India and may in the r” consequently direct the respondents to issue caste certificate as scheduled tribe - kondakapu to the petitioner considering the certificates of the father of the petitioner. 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 direct the respondents to consider the request of the petitioner to issue caste certificate as scheduled tribe - kondakapu to the petitioner. Counsel for the Petitioner :SRI. TVS PRABHAKARA RAO Counsel for the Respondent No.1: GP FOR SOCIAL WELFARE Counsel for the Respondent No’s. 2 to 5: GP FOR REVENUE The Court made the following ORDER: w APHC010046202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2696/2025 Between: ...PETITIONER Sadhanala Tirupathi Rayudud AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1 .T V S PRABHAKARA RAO Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR SOCIAL WELFARE The Court made the following: ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue writ order or direction more particularly one in the nature of Writ of Writ of Mandamus declaring the action of respondents No 2 to 5 in not considering the application of the petitioner for the issuance of caste is illegal and contrary to the well established principles and violative of the Articles 14 and 21 of the tr"' w '■l! Constitution of India and consequently direct the respondents to issue caste certificate as scheduled tribe kondakapu to the petitioner considering the certificates of the father of the petitioner and to pass such other order or orders...” Heard the learned counsel for the petitioner and the learned counsel for the respondents. 2. The learned counsel for the petitioner submits that the petitioner belongs to the Kondakapu community, which is notified as a Scheduled Tribe. He further states that the petitioner’s father was also issued a Scheduled Tribe caste certificate and served as Deputy Executive Engineer in the Irrigation Department at Dowleiswaram under the Scheduled Tribe quota. In view of this, the petitioner submitted a representation/application dated 11.11.2024, seeking for issuance of a community certificate identifying him belonging to the Scheduled Tribe category. However, despite receiving the representation, the respondents have neither issued the certificate nor replied to the petitioner. Hence, the writ petition. 3. 4. On the other hand, the learned Government Pleader for Social Welfare Department furnished written instructions dated 31.01.2025 issued by the 4**^ respondent herein, wherein it is stated that as under:- ‘‘It is submitted that as on today the writ petitioner has not submitted application to the respondent herein i.e., Tahsildar, Gangavara,(A) for caste certificate either through AP SEVA/ MEESEVA or r Manually. It is further submitted that if the writ petitioner applied for caste certificate we will take appropriate action considering the proofs submitted and field enquiry duly adhering to the AP (SC,ST & BC’s) Regulation of issue of Community Act, 1993 read with Rules, 1997”. The learned Government Pleader submits that, as of now, no 5. \ 1 application from the petitioner seeking a community certificate has been received by the office of the 4*^ respondent, i.e., the Tahsildar. However, if the petitioner submits a relevant application along with the necessary documents, the 4th respondent’s office will consider the same and issue the certificate in accordance with the law. 6. Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader for the Social Welfare Department appearing for respondent Nos. 1 to 5, and on perusal of the written instructions of the 4'*^ respondent dated 31.11.2025, this Court is of the considered view that, without going into the merits of the case, the present Writ Petition can be disposed of by directing the petitioner to submit application a fresh either through A.P SEVA/MEESEVA or manually, as required, along with the necessary documents within a period of two (02) weeks from the date of receipt of the copy of the order. Upon such submission, the 4^'^ respondent shall conduct an enquiry and pass appropriate orders or issue the certificate as expeditiously as possible if he entitled, in accordance with law. i 1 With the above said direction, the Writ Petition is disposed of. There shall be no order as to costs. 7. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. \ f SDI- P.VINOD KUMAR ASSISTANT REGISTRAR / //TRUE COPY// ER SECTI To, 1. The Principal Secretary, Social Welfare Department, State Of Andhra Pradesh, Secretariat Buildings, Velagapudi Amaravati, Guntur District. 2. The District Collector, Alluri Sitharamaraju district Paderu. 3. The Revenue Divisional Officer, Paderu Revenue Alluri Sitharamaraju District. 4. The Tahsildar, Gangavaram Mandal, Gangavaram, Alluri Sitharamaraju District. 5. The Tahsildar, Addateegala,Mandal Addateegala, Alluri Sitharamaraj District. 6. One CC to SRI. TVS PRABHAKARA RAO, Advocate [OPUC] 7. Two CCS to GP FOR SOCIAL WELFARE, High Court Of Andhra Pradesh. [OUT] 8. Two CCS to GP FOR REVENUE, High Court Of Andhra [OUT] 9. Two CD Copies Division, Paderu, u Pradesh. PRK ▼ HIGH COURT DATED:05/02/2025 ORDER X 12 FEB 2025 m Co, Current Section ^ WP.No.2696 of 2025 y/ DISPOSING OF THE WP WITHOUT COSTS