JADHAV REKOBA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) THE said Committee under the Chairmanship of the Joint Collector, issued show cause notice to the first petitioner and conducted enquiry. A report was submitted on 15. 02. 2000 based on which the second respondent passed orders on 31. 12. 2000 cancelling the Community Certificates of the petitioners. Petitioners, aggrieved thereby, filed the appeal under Section 7 (2) before the Government, who by the impugned order, dismissed the same.

(2.) A counter affidavit is filed opposing the writ petition.

(3.) PER contra, the learned Assistant Government Pleader for Social Welfare relies on the decision of the Supreme Court in Director of Tribunal Welfare v. Laveti Giri and State of Tamil Nadu v. A. Gurusamy and submits that when the burden of proof that they belong to Scheduled Tribe lies on the petitioners under Section 6 of the Act, the non-supply of the copy of the report of D. S. C. , does not vitiate the proceedings of the District Collector. He contends that at the request of the petitioners, the District Collector again gave opportunity, but the petitioners failed to produce any evidence that they migrated to State of Andhra Pradesh before 27. 07. 1977 when Lambada Community was included in the list of Scheduled Tribes by an amendment made by the Parliament to the Constitution (Schedules Tribes) Order, 1950.