LAWS(APH)-2013-12-20

BONDA SEETHARAMA RAO Vs. GOVERNMENT OF ANDHRA PRADESH

Decided On December 17, 2013
Bonda Seetharama Rao Appellant
V/S
GOVERNMENT OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) The sole petitioner seeks for a mandamus to declare the proceedings dated 23-3-1992 issued by the 4th respondent-Mandal Revenue Officer (MRO), Addatheegala, East Godavari District, the proceedings dated 26-6-2000 issued by the 2nd respondent-District Collector, East Godavari at Kakinada and G.O.Ms.No.37, Social Welfare (CV.2) Department, dated 27-3-2002 as illegal and for an order to set aside the same with consequential relief.

(2.) The petitioner claims that he is a Konda Kapu by community, which is a Scheduled Tribe. He claims that his fore-fathers hail from Dutcharti Village, Addatheegala Mandal. His father was employed in the Railways. The father of the petitioner ultimately retired as Assistant Law Officer. His school records and official records showed him as belonging to Konda Kapu Community.

(3.) The Caste Certificate obtained by the father of the petitioner that he belonged to Konda Kapu dated 14-3-1979 was cancelled by the District Collector considering that the father of the petitioner was not a Konda Kapu by community. He preferred W.P.No.2444 of 1982. Through order dated 19-01-1985, the orders of the District Collector were cancelled. Further, the father of the petitioner was declared by the Court to be belonging to Konda Kapu Community. A writ appeal with delay was filed by the Government.