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2026 DAILYLAW 9164 (AP)

KOLLIPARA SAHITHI v. The State of Andhra Pradesh

WP/24833/2026 · 2026-09-01

Harinath N

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010456102026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE 2nd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24833/2026 Between: 1. KOLLIPARA SAHITHI, W/O BELLAMKONDADIWAKAR, AGED 37 YEARS, OCC SCHOOL ASSISTANT (TELUGU), R/O.D.NO.6-2, MANDAPALA CENTRE, MACHAVARAM MANDAL, PALNADU DISTRICT, (OLD GUNTUR DISTRICT). ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, BACKWARD CLASSES WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 522237 2. THE COLLECTOR AND DISTRICT EXECUTIVE MAGISTRATE, NARASATRAOPET, PALNADU DISTRICT, (OLD GUNTUR DISTRICT). 522601 3. THE DISTRICT LEVEL SCRUTINY COMMITTEE DLSC, PALNADU DISTRICT, REP. BY ITS CHAIRMAN/JOINT COLLECTOR. NARASATRAOPET, PALNADU DISTRICT (OLD GUNTUR DISTRICT). 522601 4. THE TAHSILDAR, MACHAVARAM MANDAL, PALNADU DISTRICT (OLD GUNTUR DISTRICT). 522615 ...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 toissue a Writ, order or direction more particularly one in the nature 2 of Writ of Mandamus by declaring the action, things and deeds of Respondents in not taking up the Stay Petition filed along with Statutory Appeal dated 17-08-2026under Section 7(2) of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 against the Order/proceedings passed by 2 nd Respondent in D.Dis.No.REV02- MS0VCIN/13/2023-SA(C1)- COLPLND, dated 04-08-20261n cancelling the Petitioner's BC-D Tammali Community Certificate dated 22-11-2021 issued by 4 th Respondent, which are illegal, irregular, arbitrary, un-constitutional, against to the Principles of Natural Justice, contrary to provisions of A.P. ((SCs, STs and BCs)) Regulation of Issue of Community Certificates Act, 1993 and its Rules and in- violation of Articles 14, 19 AND 21 of the Constitution of India Consequently grant suspend the order/proceedings inD.Dis.No.REV02- MSOVCIN/13/2023- SA(C1)-COLPLND, dated 04-08-2026 passed by 2 nd Respondent 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 suspend the order/proceedings in D.Dis.No.REV02-MSOVCIN/13/2023- SA(C1)-COLPLND, dated 04-08-2026 passed by 2 nd Respondent pending disposal of main Writ Petition Counsel for the Petitioner: 1. NARASIMHA RAO GUDISEVA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR SOCIAL WELFARE 3 The Court made the following Order:- The petitioner is aggrieved by the inaction on the part of the 1st respondent in not taking up the Stay Petition filed along with Statutory Appeal dated 17.08.2026 under Section 7(2) of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993, seeking stay of the proceedings dated 04.08.2026, whereby the 2nd respondent cancelled the caste certificate issued in favour of the petitioner. 2. It is submitted by the learned counsel for the petitioner that the petitioner belongs to the Tammali caste, which is classified as a BC-D community. It is further submitted that the 2nd respondent, while considering the educational qualifications of the petitioner and the application submitted by the petitioner for the post of School Assistant under the O.C. Brahmin category, cancelled the caste certificate issued in favour of the petitioner. 3. It is submitted that persons belonging to the Tammali caste traditionally assist the Head Priest of the temple, though they do not participate in the rituals or religious poojas performed for the deity. 4. Aggrieved by the impugned proceedings dated 04.08.2026, the petitioner filed an appeal by way of a memo dated 24.08.2026. The limited prayer of the petitioner is to direct the 1st respondent to consider the stay application filed along with the appeal on its own merits and as expeditiously as possible. 4 5. The learned Assistant Government Pleader appearing for the respondents submits that the stay application may be disposed of on its own merits. 6. In view of the above, the writ petition is disposed of directing the 1st respondent to consider and dispose of the stay application filed along with the appeal, on its own merits, within a period of two weeks from the date of receipt of a copy of this order. Needless to state, pending disposal of the appeal, no coercive steps shall be taken against the petitioner's service. However, this order shall not preclude the 1st respondent from considering and disposing of the appeal on its own merits. 7. With the above observations, the writ petition is disposed of. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 02.09.2026 RSD 5 26 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24833/2026 02.09.2026 RSD