KATHI DAVID RAJU Vs. DISTRICT COLLECTOR
HIGH COURT OF ANDHRA PRADESH
Kathi David Raju
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Kongara Vijaya Lakshmi, J. -
(1.)This writ petition is filed for the following relief:
"...declaring that the petitioner is entitled to a fair treatment by the respondents while considering the validity of his Yanadi Caste Certificate under the provisions of A.P. (SC, ST & BCs) Regulation of Issue of Community Certificates Act, 1993 and Rules 1997 and the rules framed there under and it is further consequentially prayed that this Hon'ble Court may be pleased to direct the Respondent No.1 to decide the said ST caste status of the petitioner, by duly considering all the objections of the petitioner dated 24.10.2018, which is submitted in answer to the show cause notice issued by the Respondent No.1 vide his proceedings in RC No.14/2016-C4 dated 20.09.2018 and by duly affording the petitioner a personal hearing to put forth his contentions which the Respondent No.2 failed to follow and to direct the Respondent No.1 to finalize the said proceedings pursuant to his said show cause notice dated: 22.09.2018 only after the outcome of the declaratory suits is pronounced in OS No.110 of 2018 on the file of the Court of the Principal Junior Civil Judge, Ponnur and in OS No.39 of 2019 on the file of the Court of the Principal Junior Civil Judge, Bapatla."
(2.)Case of the petitioner is that, the 2nd respondent, basing on a false complaint of Nangarabheri Lambadi Hakkula Porata Samithi, which is a fake Association as per the proceedings of the District Registrar, Guntur dated 15.12.2016, gave a complaint against the petitioner stating that the petitioner is not a scheduled tribe and that his caste certificate should be cancelled. Basing on the same, the 1st respondent, without following the procedure under Section 9 of the A.P. (SC, ST, & BCs.) Regulation of Issue of Community Certificates Act, 1993 and the Rules thereon, issued show cause notice dated 22.09.2018. Petitioner filed two suits i.e., OS No.110 of 2018 on the file of the Principal Junior Civil Judge, Ponnuru, for declaration that he is Kathi David Raju but not Immadabattuni Veeranjaneyulu and OS No.39 of 2019 on the file of the Principal Junior Civil Judge, Bapatla, for declaration that he is Kathi David Raju but not Kathi John @ China John; the District Collector is also a party to the said suits, wherein the trial Courts have to decide as to who is Kathi David Raju and who is not Kathi David Raju and hence, 1st respondent should not finalize the proceedings pursuant to the show cause notice dated 22.09.2018 till the suits are finalized. Hence, the writ petition.
(3.)Learned counsel for the petitioner submits that, if the finalization of proceedings pursuant to the show cause notice are not stayed, the suits would become infructuous.
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