STATE OF A.P. Vs. GANTA APPANNA

JUDGEMENT

(1.) Being aggrieved by the order dtd. 29/11/2019 passed by the learned single Judge in W.P.No.12675 of 2019, directing to issue caste certificate to the respondents/writ petitioners to the effect that they belong to PYDI caste, by setting aside the endorsement in L.PR.No.299/2019-A dtd. 16/7/2019, this writ appeal has been filed under clause 15 of the Letters Patent.

(2.) During the course of hearing, a solitary contention has been advanced by the learned Additional Advocate General appearing for the appellants that, prior to passing final order, learned single Judge has not afforded due opportunity to file counter-affidavit; therefore, the impugned order as passed issuing positive direction without taking the defence of the Government on record is in violation of principles of natural justice and by setting aside the order of the learned single Judge, the matter may be remitted to the learned single Judge for affording opportunity to the appellants to file counter-affidavit.

(3.) After having heard learned counsel for the parties, we find that positive direction has been issued by the learned single Judge for issuance of caste certificate ignoring the endorsement, though counter-affidavit has not been filed in the writ petition. We are of the view that an opportunity deserves to be afforded to the appellants to file counter-affidavit in the writ petition.