ORDER :

1. The present Writ Petition is filed by the petitioners seeking to declare the notice issued by the 3rd respondent-Chairman and Joint Collector, District Level Scrutiny Committee, under From No. VI in Ref. C5/M/104/2018, dated 07.01.2019, calling upon the petitioners herein to appear before the Scrutiny Committee for caste enquiry, along with proofs, on 25.01.2019, as illegal and arbitrary and to set aside the same.

2. The case of the petitioners herein is that they belong to “Konda Kapu” community, which comes under Schedule Tribe category and all the petitioners are blood relations.

It is stated that paternal grandfather of the 2nd petitioner’s father is Thumu Pamulayya, who was resident of Dusarapamu Village of Rajavommangi Mandal in East Godavari District, which is an agency area and his wife Sanyasamma, belongs to Okurthi Village, which is also agency area and they had a son by name Thumu Suranna. The said Thumu Suranna and his wife Atchiyamma had two sons, namely, Pothuraju @ Rajulu, father of the 2nd petitioner and another son is by name, Kalyanam. Father of the petitioner had four sons and two daughters and 1st petitioner is 3rd son and the 2nd petitioner is the 4th son of the said Pothuraju. The 3rd petitioner is the grandson of Pothuraju @ Rajulu and petitioners 4 and 5 are minor children of the 3rd petitioner. The said Kalyanam had only two sons and petitioners 6 and 7 are the grand children of Kalyanam.

It is the further case of the petitioners that, their ancestors are permanent residents of Dusarapamu Village of agency area in East Godavari District and the petitioners born in the said village and studied there and they married the persons belonging to Dusarapamu, Gontivanipalem and Vendurthi, which are also agency villages in East Godavari District. It is also stated that they are exercising right of vote in agency area and they were also several times given Community Certificates by the Revenue Authorities. Further, it is stated that prior to independence, their ancestors were granted rough pattas by the British people and the LTRP Cases filed against the petitioners were dismissed as they belong to ST community.

It is the further case of the petitioners that, during the caste verification of petitioner’s brother, Thumu Veerabhadreswara Rao, the Revenue Authorities made discrete enquiries and basing on the documents, mediator’s report, Community Certificates, Voters List, etc. the 5th respondent-Tahsildar and the 4th respondent-Revenue Divisional Officer recommended to the 2nd respondent-District Collector to declare him as “Konda Kapu” Community and finally, the 5th respondent vide Ref. No. C/816/2008, dated 10.07.2008 issued a Community Certificate to the son of the 2nd petitioner’s brother as “Konda Kapu.” As such, petitioners” community remained as “Konda Kapu.”

It is the further case of the petitioners that, a notice under Form VI, dated 07.01.2019 was issued by the 3rd respondent-Chairman and Joint Collector, District Level Scrutiny Committee, for the purpose of community verification with regard to the Caste Certificates issued to family members of the petitioners, without verifying the earlier record and without disclosing the details of the persons who filed petitions before the 4th respondent-Revenue Divisional Officer. Questioning the said notice, the present Writ Petition has been filed.

3. To the said Writ Petition, the 2nd respondent-District Collector filed his counter denying the allegations, inter-alia, contending that State General Secretary of “Adivasi Samkshema Parishad” has made a complaint before the 2nd respondent, stating that the Revenue Authorities are issuing several bogus Schedule Tribe Community Certificates in all seven Mandals of Rampachodavaram, ITDA area to the persons belonging to Scheduled Castes, Backward Classes, etc. on their migration to scheduled areas, due to which much injustice is being caused to original tribal people and the fake Schedule Tribe Certificate holders