Korukonda Sreenu v. District Collector, East Godavari
2003-04-21
D.S.R.VERMA
body2003
DigiLaw.ai
D. S. R. VARMA, J. ( 1 ) THE present writ petition has been filed challenging the proceedings in R. Dis. B2/ 15927/90, dated 22-8-1991, passed by the joint Collector, East Godavari District at kakinada-the 1st respondent. ( 2 ) THROUGH the said proceedings, the competent authority i. e. , the 1st respondent found that Sri Korukonda Nagaraju alias abbai as belongs to kapu community but not konda Kapu , which belongs to scheduled Tribe and declared the said nagaraju and his children as "kapus duly cancelling their certificates issued by the tahsildar, in which their caste was mentioned as konda Kapu . ( 3 ) THE factual matrix of the case is that the said Nagaraju was being treated as konda Kapu , which community belongs to scheduled Tribe. While so, an enquiry had been conducted and basing on various reports from the authorities concerned, the competent authority-the 1st respondent under G. O. Ms. No. 282, dated 19-2-1988, cancelled the caste certificates of the said nagaraju and his children and declared them as kapus . The said Nagaraju and his five children have filed a separate writ petition in W. P. No. 11781 of 1991, which will be dealt with separately. ( 4 ) INSOFAR as the present writ petition is concerned, the petitioner is the son of one venkat Rao. The said Venkat Rao is the 3rd petitioner in W. P. No. 11781 of 1991. Though there is no specific mention in the impugned proceedings about the cancellation of the caste certificate of the petitioner herein, it is not in dispute that his caste certificate also was cancelled by the 1st respondent. It is on record that the present petitioner had earlier filed a writ petition in W. P. No. 5726 of 1982 and he was declared as belonging to konda Kapu by a learned single Judge of this court through order, dated 11-11-1982. Challenging the said order, the matter has been carried in appeal in W. A. No. 1953 of 1988 and a Division Bench of this court dismissed the said writ appeal through judgment, dated 8-8-1989, confirming the order of the learned single Judge of this court.
Challenging the said order, the matter has been carried in appeal in W. A. No. 1953 of 1988 and a Division Bench of this court dismissed the said writ appeal through judgment, dated 8-8-1989, confirming the order of the learned single Judge of this court. ( 5 ) AS per the order of the learned single judge of this court, the petitioner had fulfilled the requisite qualifications to claim that he belongs to konda Kapu community and should be admitted into B. Tech course in the College of Engineering, Kakinada. Inasmuch as the writ appeal in W. A. No. 1953 of 1988, filed against the order of the learned single Judge, was dismissed, the judgment of the Division Bench of this court in w. A. No. 1953 of 1988, has become final and the petitioner had obtained a seat in the college of Engineering, Kakinada, completed his graduation, and also obtained appointment in the Government service as an Engineer. Subsequently, basing on some other ex parte reports received by the 1st respondent, the present impugned proceedings have been passed cancelling the caste certificates of the petitioner s father, maternal uncles and grandfather. ( 6 ) AS already pointed out, though no specific mention has been made insofar as the present petitioner is concerned in the impugned proceedings, it is asserted by the respondents that the caste certificate of the petitioner also had been cancelled. During the enquiry, the petitioner in the present writ petition and the petitioners in the other writ petition being W. P. No. 11781 of 1991 have field some material before the 1st respondent. The important documents were (1 ). Order in L. T. R. P. No. l4 of 1962 on the file of Special Assistant Agent to the government, Peddapuram, (2) order of the learned single Judge of this court and the judgment of the Division Bench of this court in W. P. No. 5726 of 1982 and W. A. No. 1953 of 1988, dated 11-11-1982, and 8-8-1989 respectively, and (3 ). S. S. L. C certificate of Sri korukonda Sreeramamurthy. ( 7 ) INSOFAR as the documents in item Nos. 1 and 3 are concerned, they are not very relevant for the purpose of the present writ petition.
S. S. L. C certificate of Sri korukonda Sreeramamurthy. ( 7 ) INSOFAR as the documents in item Nos. 1 and 3 are concerned, they are not very relevant for the purpose of the present writ petition. Insofar as item No. 2 i. e. , the order and judgment of the learned single Judge of this court and the Division Bench of this court in W. P. No. 5726 of 1982 and w. A. No. 1953 of 1988 respectively, are very much relevant. While in the impugned proceedings, the 1st respondent gave different reasons for rejecting items 1 and 3. However, I am not expressing any opinion insofar as those documents are concerned in the present writ petition. But, it is essential to have a special attention to the order and judgment of the learned single Judge and the Division Bench of this Court in w. P. No. 5726 of 1982 and W. A. No. 1953 of 1988, dated 11-11-1982 and 8-8-1989 respectively. ( 8 ) THE findings and directions issued by the learned single Judge of this court, in the said writ petition, as confirmed by the division Bench of this court, have become final. After so many years, basing on some other material, the present impugned proceedings have been passed, cancelling the caste certificate of the petitioner as belonging to konda Kapu . ( 9 ) OBVIOUSLY, the social status of the petitioner was recognized as belonging to konda Kapu . When a direction was issued to that effect by a learned single Judge of this court, as confirmed by the Division Bench of this court, the petitioner had obtained a seat in the College of Engineering, Kakinada, completed his graduation, and also obtained employment in the Government service on the basis of his social status as konda kapu . ( 10 ) FROM a perusal of the impugned proceedings, it is to be noted that the 1st respondent while dealing with the order and the judgment of the learned single judge and the Division Bench of this court in w. P. No. 5726 of 1982 and W. A. No. 1953 of 1988, dated 11-11-1982 and 8-8-1989 respectively, it was stated as sunder:"in the said orders, it was informed that officers can conduct the detailed enquiry if any information is found that the petitioner is not belonging to the said community.
Further, due to the non-filing of counter in proper time and due to non-filing of enough information in the counter, orders were issued in favour of petitioner. " ( 11 ) PRIMA facie, the said reasoning given by the 1st respondent while rejecting the social status of the petitioner s father, his paternal uncles and grandfather is highly objectionable and the same have been made only to circumvent the verdict of this court in the said writ petition and consequential writ appeal, which has become final long back. ( 12 ) THE competent authority-the then joint Collector, East Gadavari at Kakinada- 1st respondent was called upon by this court to explain as to why and how he could give such a reasoning. In response to the same, an unconditional apology had been offered by him and having regard to the said regrets expressed by him, all further proceedings of contempt against him were dropped. ( 13 ) IT is to be seen further that the issue as to the social status of the petitioner had become final and when a quietus was given to the issue by the judicial verdicts of this court, it is not open for the competent authority-1st respondent to go further into the matter by way of further enquiry basing on the passing observations made by the learned single Judge of this court. ( 14 ) IT is to be remembered that the said observations of the learned single Judge, in my view, was not understood in a right perspective. It should be understood. Only in order to give quietus as to the social status of the petitioner, a direction has been given to treat the petitioner as a person belonging to the Scheduled, Tribe community, and the final verdict of this court had been given effect to and consequently the petitioner was given a seat in the College of Engineering, kakinada, and also an appointment in the government service, Since the judgment of the Division Bench of this court in w. A. No. 1953 of 1988, dated 8-8-1989, has not only become final but also binding on the competent authority-lst respondent and also on this court, I do not find any valid reason to give a different finding and direction than the one that was given by the division Bench of this court.
( 15 ) THE competent authority-lst respondent has acted beyond his jurisdiction and tried to overcome the final verdict of this court by way of interpreting the order and judgment of the learned single Judge of this court and also the Division Bench of this court lightly, which is highly objectionable and also uncalled for. ( 16 ) HENCE, I am of the view that the competent authority-the 1st respondent had wrongly interpreted the order of the learned single Judge of this court and also the judgment of the Division Bench of this court in W. P. No. 5726 of 1988 and W. A. No. 1953 of 1988, dated 11-11-1982 and 8-8-1989 respectively, and basing on some other material, he came to a different conclusion, which is totally in conflict with and runs against the final judicial verdict of this court. Therefore, the impugned proceedings, dated 22-8-1991, passed by the competent authority-1st respondent are liable to be set aside and are accordingly set aside only insofar as the petitioner herein is concerned. ( 17 ) IN the result, the writ petition is allowed. However, there shall be no order as to costs.