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2026 DAILYLAW 11193 (AP)

Gangavamsam Sudarsana Raju v. The State of Andhra Pradesh,

WP/27133/2026 · 2026-09-21

Harinath N

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010491682026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE 22nd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27133/2026 Between: 1. GANGAVAMSAM SUDARSANA RAJU, S/O. SATYANARAYANA RAJU, AGED ABOUT 62 YEARS, OCC. RETIRED MOTOR DRIVER, R/O.ARASAVALLI JUNCTION, SRIKAKULAM-532001. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETERY, TRIBAL WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH-522238. 2. THE DISTRICT COLLECTOR, PARVATHIPURAM MANYAM DISTRICT., ANDHRA PRADESH-535501. 3. THE JOINT COLLECTOR AND CHAIRMAN, DISTRICT LEVEL SCRUTINY COMMITTEE, PARVATHIPURAM MANYAM DISTRICT.- 535501. ...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 a Writ or Order or direction, more particularly one in the nature of Writ of Mandamus declaring the inaction of the 1st respondent in passing statutory orders on the stay application filed by me along with the appeal under Sec.7 of the A.P.(Scheduled Castes, Scheduled Tribes AND Backward classes) Regulation of Issue of 2 Community Certificates Act, 1993, against the orders of the 2nd respondent proceedings in R.C.No.3269/2023/05, dt.29/1/2026, as highly illegal, arbitrary, unjust and pass IA NO: 1 OF 2026 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 operation of the orders of the 2nd respondent in proceedings in R.C.No.3269/2023/C5, dt.29/1/2026, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. G CHANDRA SHAKHAR RAO Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR SOCIAL WELFARE 3 The Court made the following Order: The petitioner has filed the present Writ Petition seeking a direction from this Court to the 1st respondent to dispose of the stay application filed along with the statutory appeal filed under Section 7 of Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993. It is admitted that the appeal is filed against the order passed by the 2nd respondent dated 29.01.2026. 2. It is the specific case of the petitioner that the petitioner belongs to the Konda Dora community, which is listed as a Scheduled Tribe Community under the Presidential Order. It is submitted that the petitioner had joined the services as a Motor Driver in the Telecommunication Department and has now attained the age of superannuation. 3. It is further submitted that the Revenue Divisional Officer, Parvathipuram, had conducted an enquiry behind the back of the petitioner and submitted a report to the 2nd respondent. Basing on the said report, the 2nd respondent passed the impugned order dated 29.01.2026, which has been challenged by the petitioner by way of an appeal before the 1st respondent. 4. It is admitted that the 2nd respondent had referred the matter to the District Level Scrutiny Committee for conducting a proper and detailed enquiry in pursuance of the Act and Rules. However, basing on the 4 recommendation of the Revenue Divisional Officer, Parvathipuram, the 2nd respondent had cancelled the community certificate issued to the petitioner. 5. It is submitted by the learned counsel for the petitioner that during the pendency of the proceedings before the 2nd respondent, the employer of the petitioner had not released the service benefits due payable to the petitioner. It is further submitted that the 1st respondent ought to have decided the stay application soon after the appeal if filed. 6. The learned Assistant Government Pleader appearing for the 1st respondent and the learned Assistant Government Pleader for 2nd respondent submits that appropriate directions may be issued to the 1st respondent to consider the stay application on its own merits and dispose of the same. 7. Recording the submissions, the Writ Petition is disposed of directing the 1st respondent to consider the stay application filed along with the statutory appeal preferred by the petitioner and dispose of the same, within a period of eight (8) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 22.09.2026 RJS/GCD 5 HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27133 of 2026 Dt: 22.09.2026 RJS/GCD