HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA CONTEMPT CASE No. 1856 OF 2024

O R D E R:

Petitioner complains that the order dated

14.12.2023 in Writ Petition No. 21520 of 2023 was disobeyed by respondents.

2. In the Writ Petition, petitioner challenged memo dated 18.11.2020 issued by the Tahsildar, Kerameri Mandal whereby and whereunder, his petition to issue ST Kammara caste certificate was rejected. This Court, by the mentioned order, allowed the said Writ Petition setting aside the proceedings dated 18.11.2020. Petitioner was directed to apply for issuance of caste certificate within two weeks from that day and on such Application, the Revenue Divisional Officer / Sub- Collector or Assistant Collector concerned shall consider the same and pass appropriate orders in accordance with law within four weeks thereafter.

3. It is stated, pursuant to the said order, petitioner made Application No. CND022429407165 for issuing community and date of birth certificate-ST. The 4^th respondent addressed memo dated 31.01.2023 to all the Revenue Divisional Officers and Tahsildars of Kumuram Bhim Asifabad District intimating them about the orders of this Court and further directing the authorities to take necessary steps to issue ST- Community Certificate in favour of petitioner. However, the 5th respondent rejected the Application assigning the very same reason as stated in the memo impugned in the Writ Petition. According to petitioner, the above disposition of respondents is an attempt to overreach the authority of this Court and is aimed at subjecting her to further inconvenience, though consideration was specifically directed to be within a stipulated time. Petitioner is therefore, stated to have issued notice to Respondents 4 and 6 in their personal and official capacity calling upon them to implement the order of this Court. Though respondents have received intimation, in utter disregard to the same, have neither caused any reply nor complied with the orders of this Court.

4. The 5^th respondent - Revenue Divisional Officer filed counter. In paragraph 10, it is stated that petitioner on 03.01.2024 made fresh Application to the Tahsildar, Kerameri Mandal instead to the Revenue Divisional Officer, Asifabad as directed by this Court. The Application was examined in terms of revised guidelines/instructions issued vide Ref.No.984/CV- 2/98-3, dated 23.07.1999 of Social Welfare (CV) Department by the Government (in view of the orders of this Court in Writ Petitions No. 24699 and 1529 of 1997 against Circular Memo No. 1478/12/1996, dt.18.10.1996) Circular Memo No. D8/498/2012, dated 12.04.2012 of the Project Officer, ITDA Utnoor with reference to the traditions, caste customs, etcetera being followed by petitioner and observed that she has not submitted the required documents in support of her claim for issue of caste certificate, thus, it was not possible to consider the request. It is stated, rejection of Application for issue of caste certificate in favour of petitioner was found to be genuine and according to the instructions issued by the Government from time to time. It is also stated, there is no option available in Mee Seva for submission of on line application directly to Revenue Divisional Officer; login is provided to Tahsildas only, and there is also no option to forward the Application from Tahsildar login to Revenue Divisional Officer login for Kammara caste. In Mee seva the certificates of Kammara caste can be disposed at Tahsildar level only. Further, it is to submit that, petitioner was resident of Kotari Village of Kerameri Mandal, which was notified as agency mandal. In view of the above facts narrated, it clearly shows that the Revenue Divisional Officer, Asifabad is not at all concerned with petitioner’s Application and the matter has been concluded at Tahsildar level only. In this regard, status report by the Tahsildar, Kerameri is submitted for perusal.

5. The 6^th respondent – Tahsildar stated in the counter that Application of pet