THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.14053 of 2019

ORDER:

Heard learned counsel appearing for the petitioner and learned Government Pleader for Social Welfare appearing for respondents.

2. This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“….to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3^rd respondent in furnishing the petitioners caste particulars for the purpose of Police enquiry vide dated 31.01.2019 vide Lr.No.E/391/2019 against the provisions of the AP Schedule Caste Schedule Tribes and BCs Regulation of issue of Community Certificate Act, 1993 and without conducting reasonable hearing to the petitioner and without considering the petitioners application dt 24.03.2019 as illegal, unreasonable and in violation of principles of natural justice also violation of article 14 and 21 of Constitution of India and consequently direct the 3^rd respondent to consider the petitioners application dated 24.03.2019 u/s 3 of the AP Schedule Caste Schedule Tribes and BCs Regulation of issue of Community Certificate Act 1993 for issuance of caste certificate …”

3. It is the case of the petitioner that he belongs to Scheduled Caste community (Mala) and he possesses a valid caste certificate issued on 01.09.1990, and later he applied for renewal of his caste certificate. The petitioner further states that he lodged a police complaint against three persons namely, Kudumula Satyanarayana, Nayani Sairam and Vidya Ravi before the Sub- Divisional Police Officer, Yellareddy, Kamareddy District, and pursuant thereto, the police registered an FIR No.138 of 2018 dated 07.12.2018 against the said three accused. During the course of investigation, the Investigation Officer addressed a letter vide Lr.No.E/391/2019, dated 31.01.2019 to respondent No.3 mentioning his caste as BC(c) converted Christian from SC (Mala), therefore petitioner submitted representation dated 24.03.2019 before the MRO requesting to issue caste certificate as SC (Mala). It is the case of the petitioner that without conducting enquiry and without issuing notice 3^rd respondent declared as he belongs to BC(c) converted Christian from SC (Mala), which the action of the 3rd respondent against the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993.

4. Learned Government Pleader for Social Welfare appearing for respondents placed instructions dated 25.07.2019 of respondent No.3 wherein it is stated that the Sub Divisional Police Officer, Yellareddy has requested to furnish the caste particulars of the petitioner vide letter dated 09.12.2018 and on enquiry it was found that the petitioner previously applied for caste certificate under BC- C (Converted Christian). On verification respondent No.3 issued BC-C certificate vide Cast Certificate No.A5/2181/2001 and based on the said certificate, the petitioner contested as Ward member for the ward No XIII in 2001 under Grama Panchayath BC category local body election in Yellareddy and was elected, and once again he contested in local body electing in 2006 in ward No. XVII under BC category, and was elected as ward member based on the previous issued certificate and on local enquiry it was reported to Sub Divisional Police Officer, Yellareddy that the petitioner belongs to BC-C (Converted Christian). A copy of the G.P Wards and Reservations Information for the year 2001 and 2006 is enclosed with the said instructions.

5. In view of the same, the writ petition filed is devoid of merits and is dismissed, accordingly. No order as to costs.

As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

___________________________________ JUSTICE NAGESH BHEEMAPAKA Date: 17.07.2025 sus