ORDER :

1. This writ petition is filed to issue a Writ of Mandamus declaring the action of the 4th respondent for not securing the Caste Certificate of deceased by name Yadla Chinna/victim in SC/ST S.C. No. 52 of 2016 on the file of the Court of the Special Judge for Trial of Cases under SC/ST (POA) Act, East Godavari at Rajamahendravaram, from the 3rd respondent in the light of the judgment of the Hon’ble Supreme Court in Kumari Madhuri Patil and Another vs. Additional Commissioner, Tribal Development and Others, (1994) 6 SCC 241 is bad, illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India.

2. The brief facts of the case are that the petitioner claims to be the sister of late Yedla Chinna who committed suicide. She lodged a complaint on 23.03.2016 in Rajanagaram Police Station and the same was registered as Crime No. 76 of 2016 for the offence punishable under Section 306 r/w 34 of IPC and under Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 as amended by Act 1 of 2016 (for short ‘the Act’). The 4th respondent had conducted investigation, collected caste certificate from the 5th respondent-Tahsildar Office and filed charge sheet. On committal, the Special Judge for trial of cases under the Act, East Godavari at Rajamahendravaram has numbered the same as S.C. No. 52 of 2016 and taken up for trial.

3. This Court, on 19.06.2018, while ordering notice before admission, granted stay of the trial schedule commencing from 28.05.2018 in SC/ST S.C. No. 52 of 2016 in the Court of the Special Judge for Trial of Cases under SC/ST (POA) Act, East Godavari at Rajamahendravaram, pending disposal of the writ petition.

4. All respondents except the 3rd respondent filed counters. The sum and substance of the counters are that the Government of Andhra Pradesh in consonance with the guidelines of the Hon’ble Supreme Court in Kumari Madhuri Patil’s case (supra), brought a legislation viz. The Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 (for short ‘the A.P. Act 1993’) which came into force with effect from 08.09.1993. The said Act is to regulate the issue of community certificates relating to persons belonging to Scheduled Castes, Scheduled Tribes and Backward Classes and matters connected therewith or incidental thereto. In furtherance of orders and guidelines of the Hon’ble Apex Court, the Government of Andhra Pradesh issued a Gazette notification bringing into force of Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Issue of Community, Nativity and Date of Birth Certificates Rules, 1997 (for short ‘the A.P. Rules, 1997’) through G.O.Ms. No. 58, Social Welfare (J) Department, dated 12.05.1997, which came into force with effect from 16.05.1997. The competent authorities for issue of caste certificates are notified in the A.P. Rules, 1997 at Annexure-I. The Scheduled Caste ‘Mala’ community is incorporated at S. No. 2 of Column-1 and the competent authority is Tahsildar (previously Mandal Revenue Officer) in the State now below the rank of Deputy Tahsildar within the territorial jurisdiction of a Mandal. In view of the request of the police department in respect of Crime No. 76 of 2016 dated 23.03.2016 for investigation of the case and filing of charge sheet, the then Tahsildar, Rajanagaram has issued caste certificates of the deceased and the accused in Form-III under the A.P. Rules, 1997. The 4th respondent has investigated the case and filed charge sheet before the Special Judge for trial of cases under SC/ST (POA) Act, East Godavari District at Rajamahendravaram. The trial of the said case was stayed as per the interim orders of this Court dated 19.06.2018 passed in I.A. No. 1 of 2018 in the present writ petition. The Judgment of the Hon’ble Apex Court in Kumari Madhuri Patil’s case (supra) passed in the year 1994, whereas the statutory rules came into for