Gathade Dattatri v. The State Of Telangana

132521

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

(SPecial Original Jurisdiction) TUESDAY, THE THIRry FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO:3 6397 0F 2024 Between:

GATHADE DATTATRI, s/o Gathade Digamber, qSg{gbqut ??..years' occ Student' Jo'H. Ni. r -Z r, tr/|utnnui vittage, Gudihatn"oor Mandal, District Adilabad' ...PETITIONER AND

1. The State of Telangana' Represented by its Principle Secretary' Tribal Welfare Department, Secretariat, Hyderabad'

2.TheCommissionerofTribalWelfare,stateofTelangana,lstfloor,D.S.S. Bhavan, Masab Tank, HYderabad'

3. The District Collector, Adilabad, District Adilabad' The lnteg Utnoor, D rated Tribal Development Agency, Represented by Project Officer' istrict Adilabad.

5. The Revenue Divisional Officer, Adilabad, District Adilabad

6. The Tahsildar, Mandal Gudihatnoor, District Adilabad. ...RESPONDENTS Petition under Article 226 ot the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to pass an order, or orders, direction or issue a writ more particularly one inthenatureofwritofMandamus,directingtherespondentshereintoissuethe Scheduled Tribe caste certificate to the petitioner certifying that the petitioner belong to Schedule Tribe - Kammara Caste in pursuant to A'P (Scheduled Castes, Scheduled Tribes, and Backward Classes) Regulation of issue of community, Nativity and Date of Birth Certificate Rules '1997' considering the Online application submitted by the petitioner vide Application No'CND 022430845510dated.24-8-2024wilhrelevantenclosures,andconsequently

declare the action of not issuing the said certificate to the petitioner is illegal, arbitrary, and violative of Article '14 of the constitution of lndia, and against the said Rules.

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 pass an order, directing the respondents herein to issue the scheduled rribe caste certificate to the petitioner certifying that the petitioner belong to schedule Tribe _ Kammara caste in pursuant to A.p. (schedured castes, schedured rribes, and Backward classes) Reguration of issue of community, Nativity and Date of Birth certificate Rules 1997, considering the onrine apprication submitted by the petitioner vide Application No.cND o2243o\45b1o daled.24-g-2024 with relevant enclosures, pending disposal of main W.p.

Counsel for the Petitioner : SRt S.CHANDRASEKHAR Counsel for the Respondents No.l&2 : Gp FOR SOCIAL WELFARE Counsel forthe Respondents No.3,S&6: Gp FOR REVENUE Counsel for the Respondents No.4 : Gp FOR ITDA The Court made the following: ORDER

declare the action of not issuing the said certificate to the petitioner is illegal, arbitrary, and violative of Article 14 of the constitution of lndia, and against the said Rules.

IA NO:1OF 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 pass an order, directing the respondents herein to issue the Scheduled Tribe caste certificate to the petitioner certifying that the petitioner belong to schedule Tribe - Kammara caste in pursuant to A.P. (Scheduled castes, scheduled Tribes, and Backward classes) Regulation of issue of community, Nativity and Date of Birth certificate Rules 1997, considering the online application submitted by the petitioner vide Application No.CND 022430845510 dated.24-8-2024 with relevant enclosures, pending disposal of main W.P.

Counsel for the Petitioner : SRI S.CHANDRASEKHAR Counsel for the Respondents No.l&2 : GP FOR SOCIAL WELFARE Counsel for the Respondents No.3,5&6 : GP FOR REVENUE Counsel for the Respondents No.4 : GP FOR ITDA The Court made the following: ORDER i li

HON'BLE MRS. JUSTICE SUREPALLI NANDA RIT ET TI N o24 ORDER:

Heard Sri S. Chandrasekhar, learned counsel appearrng on behalf of the petitioner, learned Assistant Government pleader for Social Welfare appearing on behalf of respondent Nos.l and 2, tearned Assistant Government pleader for Revenue, appearing on behalf of respondent Nos.3, 5 and 6 and learned Assistant Government pleader for fTDA, appearing on behatf of respondent No.4.

The petitioner approached the Court seeking prayer as under:

",..to issue an order or orders direction or issue a writ more particularly one in the nature of writ of Mandamus directing the respondents herein to issue the Scheduled Tribe Caste Certificate to the petitioner certifying that the petitioner belong to Schedule Tribe _ Kammara Caste in pursuant to A. p. (Scheduled Castes, Scheduled Tribes, and Backward Classes) Regulation of issue of community Nativity and Date Certificate Rules L997, considering the application submitted by the petitioner of Birth On line

wP 36397 2024 vide Application No CND 022430845510 dated 24-B2024 with relevant enclosures and consequently declare the action of not issuing the said certificate to the petitioner ls illegal, arbitrary and violative of Article 14 of the Constitution of India and against the said Rules and to pass'..".

3.

The case of the petitioner in brief is that the petitioner belongs to "Kammara" caste which comes under Schedule Tribe community as per the Sl.No.5 of Annexure-I of A'P (SC, ST & BC) IssueofCommunity,NativityandDateofBirthCertificateRules 1997. The petitioner submitted an Online application to the respondent No.6 vide application No. CND 02243084a510, dated 24.08.2024 and also submitted a representation dated 28.lO.2024inPrajaVaanitotheDistrictCollector,Adilabadwith a request to direct the Tahsildar, Gudihatnoor for issuance of ST caStecertificate.However,noactionwasinitiatedtilldatefor issuance of the said certificate. Aggrieved by the said inaction of the respondents, the present writ petitlon is filed'

4. The learned . Government Pleader for Social Welfare submits that in pursuance to the Online application of the petitioner dated 24.08.2024, enquiry had been conducted and orders would be passed with regard to the request of the petitioner for issuance of ST caste certificate to the petitioner'

wP 36197 2024 _) 5.

Taking into consaderation the submissions made by the learned Government Pleader for Socia! Welfare appearing on behalf of the respondents the writ petition is disposed of directing the respondent No.6 to consider the Online application No. CND 022430848510, dated 24.0,8.2024 submitted by the petitioner, in accordance to law and pass appropriate orders as per the enquiry atready initiated by the 6th respondent and communicate the decision on the said application dated 24.Oa.2O24 bearing application No.CND 02243084851O to the petitioner, within a period of two (2) weeks from the date of receipt of a copy of this order. However, there shall be no order as to costs.

As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall also stand closed sd/- v.

ASSISTANT REGI RAR //TRUE COPY// SECTION FFICER To,

1. The Principal Secrelary, Tribal Welfare Department, State of Telangana, Secretariat, Hyderabad.

2. The Commissioner of Tribal Welfare, State of Telangana, 1"t floor, D.S.S' Bhavan, Masab Tank, Hyderabad.

3. The District Collector, Adilabad, Diskict Adilabad.

4. The lntegrated Tribal Development Agency, Represented by Project Officer, Utnoor, District Adilabad.

5. The Revenue Divisional Officer, Adilabad, District Adilabad.

6. The Tahsildar, Mandal Gudihatnoor, District Adilabad.

7. One CC to SRI S.CHANDRASEKHAR, Advocate. [OPUC]

8. Tr,r1o CCs to GP for SOCIAL WELFARE, High Court for the State of Telangana. [OUT]

9. TWo CCs to GP for REVENUE, High Court for the State of Telangana at Hyderabad. [OUTI 10.Two CCs to GP for ITDA, High Court for the State of Telangana at Hyderabad [OUT] 1 1 . Two CD Copies.

, I HIGH COURT DATED:31 11212024 tI \ rt{E STATe ( I 5c L) 4t 11 rrB 2025 -|.

i * ,rpl.TcH

ORDER

WP.No.36397 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS {