BALAKRLSHNA RAO M Vs. JOINT COLLECTOR HYDERABAD DIST

JUDGEMENT

(1.) Writ petitioner is the appellant herein. He filed a Writ Petition being W.P.No. 8025 of 1990 inter alia praying for issuance of a Writ of Certiorari quashing the order passed by the respondent herein in Proceedings No. D5/5345/89 dated 29-5-1990.

(2.) The aforementioned proceedings were initiated, inter alia, on the ground that the appellant who is working as Driver in Hyderabad Urban Development Authority (HUDA) had obtained false caste certificate. In terms of the said proceedings, while cancelling the caste certificate issued to the appellant by the Tahsildar, Secunderabad on 1-2-1980 certifying him as belonging to Manneravarlu community recognized as a Scheduled Tribe, the District Collector, Hyderabad was requested to initiate action against the Tahsildar, Secunderabad who had issued the Caste Certificate without proper enquiry and jurisdiction to the appellant herein who is actually a resident of Kondamadugu, Nalgonda District.

(3.) The learned Single Judge in the impugned judgment, inter alia, held: "Though the petitioner is not resident of Secunderabad and though he has not studied in Secunderabad, he has obtained the caste certificate from the Tahsildar, Secunderabad. Primary burden is on him to prove that he belongs to 'Mannevarlu' caste (Scheduled Tribe). He has no house or any address at Secunderabad. Admittedly, he belongs to Kondamadugu, Bibinagar Mandal, Nalgonda District and he has studied at Bibinagar and Bhongir alone. Even ignoring the enquiry report conducted by the Mandal Revenue Officer, Bibinagar and report of the Collector, Nalgonda District, the petitioner has not discharged his initial burden of proving the certificate obtained by him from the Tahsildar, Secunderabad on 1-1-1980 is genuine and that he belongs to 'Mannevarlu' (Scheduled Tribe)