D V V SATYANARAYANA Vs. COLLECTOR RANGAREDDY DISTRICT

JUDGEMENT

(1.) Rule Nisi. The learned Government Pleader for Social Welfare took notice for the respondents. The Writ Petition was heard finally with the consent of learned Counsel for the parties.

(2.) The petitioner belongs to Madiga caste which is notified to be a Scheduled Caste under the Presidential Order. The Social Status Certificates earlier issued to him by the then Tahasildar, Medchal Taluk, Rangareddy District dated 7-2-1993 and 167-8-1997 were set aside by the Joint Collector, Rangareddy District by the impugned proceedings dated 15-12-1998. The action of the Joint Collector is assailed in the writ petition on the ground of lack of jurisdiction. There is no controversy between the parties that under the Andhra Pradesh (SCs, STs and BCs) Regulation of issue of Community Certificates Act 16 of 1993 (for short 'the Act') the Collector of the District alone is the competent authority to take steps to cancel the Caste Certificate. It is not brought to my notice any provision under the parent Act by virtue of which the power of the District Collector could be delegated to the Joint Collector In that view of the matter, it should be held that the impugned order of the Joint Collector is one without jurisdiction. Therefore, without going into the merits of the claim of the petitioner, on the ground of jurisdictional flaw, I quash the impugned proceedings of the Joint Collector, Ranga Reddy District. However, it is made clear that this order shall not preclude the District Collector, if he is so advised, to lake necessary steps in accordance with law.

(3.) With this observation, the writ petition is disposed of. No costs.