Mohd. Abdul Nazeemuddin v. State of Telangana
Court: High Court for State of Telangana
Bench: CHALLA KODANDA RAM
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-12-18. Mohd. Abdul Nazeemuddin v. State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY ,THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION NO: 47239 OF 2 018 Between: A,4o hd. Abdui Nazeemuddin, S/o lr/ A. Quddus, aged 24 years, Occ. Nil, R/o H. No. 2-105, Hunsa village, Bodhan I\,4anda l, Nizamabad District Telangana State. . ,. PETITIONER AND t of T_elangana, Rep. by its Principal Secretary, Backward Classes 9irlq Welfare (OP) Department, Telangana Secretariat,' Hyd era bad. ^ 2. The Chairman, District Level Scrutiny Committee, WLrangal. 3. The District Collector, Warangal (Urban) District 4. The Tahsildar, Hanamkonda, Waranoal (Urban) District. 5. Northern Power Distribution Company of Telangana Limited, Corporate 2 g[pe^^rl 12, Bhavan,. Naktatagutta, Hanamkonda, Warangal- ! -31 . Vidyuth 506 001, Rep. by its Chairman and Arlanaqino Director. 6. Afrid Ali Khan, S/o Akram Ati Khan, aged abdut 22yearc, R/o H. No.
5-2-180, Hanamkonda, Walangat (Urbad) Disirict. ... RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any appropriate writ, order or directron more in the nature of writ of IVandamus directing the Respondents to take appropriate action as per Section 5 of the Telangana (Scheduled Castes, Scheduled Tribes and Backward classes) Regulation of lssue of community certificates Act, 1993 and the Telangana (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of lssue of Community Certificates Rules, 1g97 basing on the complaint dated 29-08-2018 filed by the petitioner before the Respondent No. 3 on 06-09-20'18 and conclude the same within 4 weeks from the date of receipt of the order by duly declaring the inaction on the part of the Respondent No. 3 i. e.
District collector, warangal (Urban) District in concluding the action as per section 5 of the Telangana (Scheduled castes, Scheduled Tribes and Backward classes) Regulation of lssue of community certificates Act, 1993 and the Telangana (Scheduled Castes, Scheduled Tribes and Backward classes) Regulation of lssue of community certificates Rules, '1997 basing on the complaint filed dated 29-08-2018 filed by the petitioner before the Respondent No. 3 i. e. District Collector, Warangal (Urban District) who is the competent authority to initiate action under the said Act and the.
Rules as illegal, arbitrary, unjustified, contrary to the provisions of per Section 5 of the Telangana (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of lssue of community certificates Act, 1993 and the Telangana (scheduled castes, scheduled Tribes and Backward classes) Regulation of lssue of Community Certificates Rules, 1997, lA NO: 1 OF 2018 Petition under section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondents to take appropriate action as per Section 5 of the Telangana (scheduled castes, Scheduled Tribes and Backward classes) Regulation of lssue of Community Certificates Act, 1993 and the Telangana (Scheduled castes, Scheduled Tribes and Backward classes) Regulation of lssue of Community Certificates Rules, 1997 basing on the complaint dated 29-OB-2018 filed by the petitioner before the Respondent No.
3 on 06-09-2018 and conclude the same within 4 weeks from the date of receipt of the order' Counsel for the Petitioner : SRI V. RAVI KIRAN RAO Counsel for the Respondent Nos. 1 to 4: GP FOR BACKWARD CLASSES WELFARE OEPARTMENT Counsel for the Respondent No. 5: SRI ZAKIR ALI DANISH, SC FOR TSNPDCL Counsel for the Respondent No. 6: SRI CH. RAVI KUMAR The Court made the following: ORDER THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 47239 of 2018 ORDER: Heard the learned counsel for the petitioner, and the learned Government Pleader for Backward Classes Welfare Department, learned Standing Counsel for respondent N0,5, Sri Ch. Ravi Kumar, learned counsel lor respondent No. 6. It rs a case where the petitioner complains inaction on the part of the respondent authorities in conducting enquiry with respect to the allegations made by the petitioner concerning false Caste Certificate al eged to have been obtained by respondenl No.
6, It is the case of the petitioner that respondent No. 6 by misrepresenting himse f as belonging to BC - E communily had obtained a Caste Certificate and based on the same he had been employed thereby deprivlng the petitioner, and others like the petitioner, the benefit of reservation provided for Backward Classes. The petitioner further submits that a complaint was made before the District Collector on 29. 08. 2018. Learned Government Pleader submits that the complaint was in fact taken into consideration and enquiry also was commenced and the District Col ector directed the Tahsl dar-4'h respondent to conduct preliminary enqu ry and subm t a report, As per th€ learned Government pleader, the information by the Distrlct Col ector from the 4r' respondent and 5rr, respondent as on date has been received and the District Collector ts in the process of constituting a District Level Committee.
Learned counsel for the 6'r respondent while denying the allegations in the writ petition, submits that the 6'h respondent has submitted all the necessary material to support his claim of BC-E caste, and lhat the 6tr, respondent is ready to cooperate with the enqulry. consldering the facl that Having regard to the facts on record' and on 29 2018' these be made as far back 08 and in the complaint came to as Collector is required to act expeditiously so kind of matters, the District of reservation go to deserving candidates, the to ensure that the benefits respondent-a direction to the 3'd District writ petition is disposed of with Collector to complete the entire process of enquiry and pass orders thereon within a period of four months from the date of receipt of a copy of this order.
It is needless to mention that in the process of conducting enquiry' proceedings with the power to conduct enqulry the authorities entrusted ShallstrictlyfollowandadheretotheprinciplesofnaturaljusticeandShall not give any scope for complaint of vlolation of prlnciples of natural justice or any other procedural irregularity No costs' 14lscellaneous Petltions' lf any pending, shall stand closed. S SD/. I. NAGALAK REG R ASSISTAN T //TRUE COPY// SECTIO OFFICER To, l,ThePrincipalsecretary. BackwardClassesWelfare(oP)Department' rdla;s;na Secretariat' Hvderabad ii|'t" ;i il;. ;;. r, -oi. tri. t Sciuti nv commitiee' w aran gal' , ii.? t"nritt*nl r-e'7J (Urban) Urslrlcl 5. th" Oirtri"t Collector, Waranoal ( U rban) Dislrict' ; iii; i;;;1il aJ, Hanamt<onoa,"wdransa. l Power Distribution ijii""to"' N6rtne-rn ;. ii. iE bil;;;]ti u,io Hlt'n'di'l-s ',l*,tt-ft*,ff-*h}*,+1ru",'. ,"#, Kumar' Aovocale l\'Jru-u1 . e. One CC to Sri Ch, Ravi cbrrt foi the state of Telangana. 9.
Two ccs to Gp tor so"ia't"wIitar",-nigh ' at Hvderabad [OUT] High Court for 10. Two'CCs to GP for Backward Classes Welfare Department' '" tf," Siut" oi T"lrng,n' at Hyderabad [OUT] 11. Two CD CoPies SM HIGH COURT DIJED:18t12t2020 s ORDER 3 tl4 JAN 2021 of 2018 WP. No. 47239 WP DISPOSING OF THE WITHOUT COSTS )/r\2 U \
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