KATHI DAVID RAJU Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This writ petition is filed for the following relief:

(2.) Case of the petitioner is that, the 2nd respondent, basing on a false complaint of Nangarabheri Lambadi Hakkula Porata Samithi, which is a fake Association as per the proceedings of the District Registrar, Guntur dated 15.12.2016, gave a complaint against the petitioner stating that the petitioner is not a scheduled tribe and that his caste certificate should be cancelled. Basing on the same, the 1st respondent, without following the procedure under Section 9 of the A.P. (SC, ST, & BCs.) Regulation of Issue of Community Certificates Act, 1993 and the Rules thereon, issued show cause notice dated 22.09.2018. Petitioner filed two suits i.e., OS No.110 of 2018 on the file of the Principal Junior Civil Judge, Ponnuru, for declaration that he is Kathi David Raju but not Immadabattuni Veeranjaneyulu and OS No.39 of 2019 on the file of the Principal Junior Civil Judge, Bapatla, for declaration that he is Kathi David Raju but not Kathi John @ China John; the District Collector is also a party to the said suits, wherein the trial Courts have to decide as to who is Kathi David Raju and who is not Kathi David Raju and hence, 1st respondent should not finalize the proceedings pursuant to the show cause notice dated 22.09.2018 till the suits are finalized. Hence, the writ petition.

(3.) Learned counsel for the petitioner submits that, if the finalization of proceedings pursuant to the show cause notice are not stayed, the suits would become infructuous.