APHC010200942024 IN THE HIGH COURT OF ANDHRA PRADESH [3460]

AT AMARAVATI (Special Original Jurisdiction)

TUESDAY,THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 10107/2024 Between:

1. K URUVA BOLE PEDDAIAH, S/O. KURUV BOLE PULLANNA, AGED 47 YEARS, OCC BUSINESS, R/O. NO. 2-22A, EDDULAPALLI VILLAGE, PAMIDI MANDAL, ANANTHAPURAMU DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SOCIAL WELFARE, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

2. T HE DIRECTOR OF SOCIAL WELFARE DEPARTMENT GOVT, OF ANDHRA PRADESH, TADEPALLI, GUNTUR DISTRICT.

3. T HE COMMISSIONER/DISTRICT SOCIAL WELFARE OFFICER, SOCIAL WELFARE DEPARTMENT, ANANTHAPURAMU ANANTHAPURAMU DISTRICT.

4. T HE COMMISSIONER, SC, ST COMMISSION, VIJAYAWADA, ANDHRA PRADESH.

...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 to issue a Writ or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents more particularly Respondents No. 2 in not considering the petitioners application dated 16.02.2024 for issuance of Schedule Caste Certificate i.e.. Community, Nativity and Date of Birth Certificate to the petitioners community applicants i.e., Madasi Kuruva, Madari Kuruva (Kuruva) is as illegal, arbitrary, unconstitutional, contrary to the provisions of Andhra Pradesh (SC, ST and BCs) Regulation of issue of Community Certificates Act, 1993 and Rules 1997 and consequently direct the Respondents to take appropriate steps in issuance of Schedule Caste Certificate i.e., Community, Nativity and Date of Birth Certificate to the petitioners communityapplicants i.e., Madasi Kuruva, Madari Kuruva (Kuruva) by duly considering the petitioner representation dated

16.02.2024 and to pass IA NO: 1 OF 2024 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 to direct the Respondents to take appropriate steps in issuance of Schedule Caste Certificate i.e., Community, Nativity & Date of Birth Certificate to the petitioner’s community applicants i.e., Madasi Kuruva, Madari Kuruva (Kuruva) by duly considering the petitioner representation dated 16.02.2024 pending disposal of the writ petition, 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 may be pleased to grant leave to the petitioner herein/Respondent No. 3 in the Writ Petition No. 10107 of 2024 to file counter affidavit in the above Writ Petition and pass Counsel for the Petitioner:

1. AYYAPPA BARIGE Counsel for the Respondent(S):

1. GP FOR SOCIAL WELFARE (AP)

The Court made the following:

HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.10107 of 2024

O R DE R:

The present Writ Petition is filed questioning the action of Respondents in not considering the Petitioner’s application dated 16.02.2024 for issuance of Schedule Caste Certificate i.e. Community, Nativity and Date of Birth Certificate to the Petitioner’s community i.e. Madasi Kuruva, Kuruva as illegal and arbitrary.

2. The Petitioner had applied through Spandana grievance on 16.02.2024 for Community Certificate as ‘Madasi Kuruva’ under the provisions of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 (for short ‘the Act’). As the Respondents are not considering the application dated 16.02.2024 made by the Petitioner, the present writ petition is filed.

3. In the counter affidavit filed by Respondent No.3, it is stated that the Petitioner submitted representation on 17.07.2023 in Spandana Programme to the District Collector, Ananthapuramu and the representation was forwarded to Deputy Director