ORAL JUDGMENT

Dt:23.08.2022 (per D.V.S.S.Somayajulu, J)

This Writ appeal is filed questioning the order dated

17.10.2019 passed by the learned single Judge in W.P.No.17667 of 2004. By this order the Writ Petition was allowed and G.O.Ms.No.45 dated 26.05.2004, which was issued by the Government of Andhra Pradesh cancelling the Konda Kapu ST Certificate obtained by the petitioner, was quashed.

2) This Court has heard Sri T.N.M.Ranga Rao, learned Government Pleader for Social Welfare and Sri K.Satyanarayana Murthy, learned counsel for the 1st respondent. Learned Government Pleader for Agriculture, who is arrayed as respondent No.3, in W.P.No.17667 of 2004, supported the case of the appellants.

3) The 1st respondent has obtained a community certificate dated 23.06.1977 which certified that he belongs to the Konda Kapu (ST) community. This Certificate, dated 23.06.1977, was utilised by him for securing employment in the office of Director of Agriculture. Stating that he has obtained a false certificate a notice was served to him in 1989 seeking his explanation. Thereafter, enquiries were conducted and the District Collector cancelled his Community Certificate on 10.05.1989. Aggrieved by this, the 1st respondent filed W.P.No.7105 of 1989 which was allowed on 12.06.2000. The impugned order dated 10.05.1989 was set aside and the matter was remanded back to the official respondent for fresh enquiry. Thereafter, another enquiry was conducted and District Level Scrutiny Committee which is formed under the Andhra Pradesh (SC, ST and BCs) Regulation of Issue of Community Certificates Act, 1993 and the Rules framed thereafter (Hereinafter called as ‘Act 16 of 1993’ and ‘1997 Rules’ for the sake of brevity), ultimately, cancelled the petitioner’s caste certificate vide proceedings dated 24.04.2002. The 1st respondent preferred a statutory appeal before the Government. The Government after a hearing, upheld the orders of the Committee and issued the impugned G.O.Ms.No.45, dated 26.05.2004, cancelling the caste certificate.

4) Writ Petition No.17667 of 2004 was filed challenging the same. The Learned Single Judge after consideration of the case and the report of the Committee came to the conclusion that the 1st respondent has made out a case and cancelled the impugned GO. The State is in appeal before this Court.

5) In the Writ Appeal the learned Government Pleader for Women and Social Welfare, Sri T.N.M. Ranga Rao, argued the matter at length and also submitted a memo with case law wherein the following judgments were cited:

i) V.V.Giri v D. Suri Dora and others1 ii) Principal, Guntur Medical College, Guntur v Y. Mohan Rao2 iii) Dharma Reddy v Sub-Collector, Bodhan, Nizamabad Dist., and Others3 iv) Harpal Singh and Another v State of Himachal Pradesh4 v) Union of India v S.M.Hussain Rasheed5 vi) Bokkam Ramam v District Collector, Visakhapatnam District, Visakhapatnam6 vii) Bami Bewa v Krushna Chandra Swain @

Gochhayat and others7

1 AIR 1959 SC 1318 2 (1976) 3 SCC 411 3 AIR 1987 AP 160

4 1981 Crl.LJ 1

5 2003 LawSuit (AP) 853

6 2001 (6) ALD 691

viii) B. Suseelamma v Collector and District Magistrate, Kurnool and Others8 ix) Puppala Anjaneyulu v Government of A.P. and Others9 x) K.P. Manu v Chairman, Scrutiny Committee for Verification of Community Certificate10

6) Pursuant to this Court’s direction he also produced and filed the original file pertaining to the 1st respondent’s case, which was also considered by this Court.

7) Learned Government Pleader submits that the 1st respondent belongs to the family which bears the surname “TADE”. He points out that examination of the issue by the concerned revenue authorities showed that the members of the ‘Tade’ family all belong to Kapu community and are not Konda Kapus (ST). He also argued that the genealogical tree of the ‘Tade’ family shows that they belong to the Kapu community(BC). The marriages of the members of the ‘Tade’ family were with the women belonging to the Kapu community. The 1st respondent himself ma