U SANYASI RAO Vs. GOVT OF A P

JUDGEMENT

(1.) Whether notice under Form-V of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Issue of Community, Nativity and Date of Birth Certificates Rules, 1997 ('the Rules', for short) in accordance with Rule 8 of the Rules is not sufficient satisfaction of hearing the aggrieved party as envisaged by Section 5 of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes Regulation of Issue of Community Certificates Act, 1993 ('the Act', for short) is the main question in this writ petition. The writ Petitioner laid the Writ for issuance of a Writ of Certiorari to quash the orders passed by the District Collector, Vizianagaram, cancelling the caste certificate already issued in favour of writ Petitioner and also to declare Rule 9 of the Rules and Section 6 of the Act as ultravires the Constitution. However, Sri D. Vivekanand Patnaik, learned Counsel representing the writ Petitioner before me would appear to have given up the question relating to the viresness of the provisions of the Act and the provisions of the Rules. He attacked the case on the factual side and also contended that reasonable opportunity was not accorded to the writ Petitioner to represent his case.

(2.) The case of the Petitioner is:

(3.) The parents of the Petitioner migrated to Vizianagaram for their livelihood. They settled in the Nayaka Street at Vizianagaram. The Petitioner was born on 01.07.1958 at Vizianagaram. His school record described the Petitioner as belonging to Nayaka tribe. On 16.07.1986, the Mandal Revenue Officer, Vizianagaram issued a caste certificate in favour of the Petitioner that the Petitioner belongs to nayaka tribe and that he is a member of the scheduled tribe. These are the basic facts on the basis of which the writ Petitioner made his claim.