GOVERNMENT OF ANDHRA PRADESH
A B S T R A C T:
SOCIAL WELFARE DEPARTMENT - Appeal - Appeal filed by SriTalakoti.Veeraiah S/o.Buchaiah Under Section 7 (2) of Act 16/93 against the orders of the Collector, Warangal vide Proceedings No.D2/7425/90, dated.23-02-1996 - Appeal allowed-Orders-Issued.
SOCIAL WELFARE (CV.1) DEPARTMENT
Read the following:-
1. From the Collector, Warangal District Proceedings No.D2/7425/90 dt.23-02-1996.
2. W.P.No.4610/96 in APHC,Hyderabad dt. 3. Appeal Petition filed By Sri T.Veeraiah S/o.Buchaiah
4. Government Memo.No.7217/CV1/95-71 dt.26-04-96.
5. From Collector, Warangal District D2/7425/90,dt.18-6-1996.
6. Government Memo.No.7217/CV1/95-15 dt.16-04-2001.
O R D E R:
In the reference Ist read above the District Collector,Warangal has issued Proceedings cancelling the Scheduled Caste(Budaga Jangam) Certificate obtained by Sri Talakoti Veeraiah S/o. Buchaiah on a complaint received from General Secretary of Babu Jagjeevan Ram, Vigraha Prathisthapana Committee, Warangal stating that the individual has obtained a false caste certificate vide No.E2/7214/73. dated:26-07-1973 and got appointed as ADM in the office of the Kakatiya Urban Development Authority, Warangal.
2. The Revenue Divisional Officer, Warangal who has enquired and reported that as per the primary School Register his caste was recorded as Jangam and also that an enquiry with the resident of caste people at the area of Enmamula Village has informed that they have no relationship with Talakoti Veeraiah. The R.D.O., Warangal has further reported that the surnames of Budiga Jangam caste people are Gandam Thurpati Pastam, Chinuri but where as the surname of Veeraiah is Talakoti and the caste of his in laws is
padmashalli. He has also reported that he has also enquired with SriB.V.Andraiah, President of A.P.Scheduled Caste Welfare Society, that there are not members of Budgia Jangam caste people in the
Society. The R.D.O., Warangal reported that as per required enquiry Sri Talakoti Veeraiah does not belong to Budiga Jangam caste and he has recommended that the Caste certificate issued by the then Tahsildar, Warangal certifying that he belongs to Budiga Jangam by caste in G1/7214/79 dt. 16-7-73 may be cancelled.
3. In view of the above a show cause notice issued to the individual and the individual has appeared and submitted his explanation that he has not co-operated for paying Ten thousand rupees for the purpose of Sri Babu Jagjeevan Ram Vigraha Prathisthapana as demanded by Sri J.B.Andhraiah and with this personal grudge, he has complained against him and as such he haddenied the allegation. But he has not submitted sufficient recorded proof in support of his claim and his caste as he belongs to BudigaJangam.
4. In view of the enquiry report submitted by the RDO,Warangal, and after careful consideration of the explanation offered by the individual. The Collector, Warangal has cancelled the Caste certificate issued to Sri Talakoti VeeraiahS/o.Buchaiah Certifying that he belongs to Budiga Jangam bearing No.E2/7214/73
dt.16-7-73 issued by the then Tahsildar, Warangal.
5. Aggrieved by the Orders of the District Collector, Warangal the individual has filed a W.P.No.4610/96 in High Court of Andhra Pradesh and the High Court pleased to pass orders and directed the appeallant to file an appeal against the order impugned before the Government, along with an application for stay. The Government shall consider the application for stay and pass appropriate ordersas per Rules on filing such application. Till such time the matter is considered and decided by the Government , the order impugned in the W.P.No.4610/96 shall remain suspended in the reference second read above. Accordingly Sri T.Veeraiah S/o. Buchaiah has preffered an appeal before the Government in reference
3rd read above Under Sec 7 (2) of Act 16/93 of A.P. Regulation of Issue of Community Certificate Act.
6. Accordingly the Government has obtained parawise remarks and original connected records in the reference 4rd and 5th read above.
7. In the reference 6th read above hearing notice was issued to the apeallant for attending the personnel hearing of the appeal and putforth his arguments in finalising the social status claimed. The appellant has attended for personal hearing along with Counsel before the appellate authority.
8. The Government after examination of the records furnished by the District Collector, Warangal and documents and evidences submitted by the appeallant after having heard Counsel the case of the appellant suffers from several legal and factual infirmities (1) That the documentary evidence produced by theappeallant has not been appreciated by the District Collector, Warangal (2) The District Collector, Warangal failed to appreciate the fact the de facto complaint was filed a false complaint in order to extract
money when the appellant fails to pay amount to the de facto complainant (3) The District Collector, Warangal has failed to enquire with the caste people of the appellant and he relied on the oral statements of residents of Enmamula Village and enquired by the Surname of the appellant as Talakoti (4) The District
Collector, Warangal fails to follow the procedure laid down in G.O.Ms.No.282, Dt.19-12-1988 (5) After passing the impugned order vide proceedings No.D2/7425/90 dt. 23-2-96 in cancelling the caste certificate of Sri Talakoti Veeraiah S/o.Buchaiah as BudagaJangam.The Collector Warangal ignored to appreciate the enquiry report of R.D.O., Warangal and M.R.O., Hanamkonda videLr. No.Rc.G2/2162/96 dt. 27-5-96 and M.R.O. Rc.No.D1/1573/96 dt. 21-5-96 which clearly determines that the appellant belongs to Budaga Jangam (SC) caste. The Collector has not brought the above to the notice of the Government and simply furnished the parawise remarks on the appeal and original connected records of the enquiry pertains to this case vide Lr.Rc.No.D2/7425/90 dt.18-06-96. After going through the records furnished by the District Collector,Warangal. The Government has requested the District
Collector, Warnagal to enquire into the social status of Sri T.Veeraiah and send the social status report to Government immediately. Accordingly the Collector, Warangal referred the matter to R.D.O. Accordingly the R.D.O., Warangal got the matterenquired by M.R.O., Hanamkonda and reported to District Collector Warangal vide Lr.No.Rc.G2/2162/96 dt. 27-5-96 stating that theM.R.O., enquired that matter with residents of Kasibugga, Viz., Chunchu Mallaiah S/o Pochaiah, Sri V.Srihari S/o. Venakatamallu
and Sri Pula Rajamouli, S/o. Venakataiah has given their statements that Sri T.Veeraiah S/o. Buchaiah belongs to Budaga Jangam Caste and he got married to Padmashalli Caste, and the parents of the appellant Sri Talakotti Buchaiah wife Smt Tallakoti Lingamma were belongs to Budaga Jangam Caste. Sri T.Buchaiah used to tell stories and beg. The RDO, Warangal has also reported that SriP.Saraiah, M.L.A., Parkal, and Sri D.Ramesh Babu, M.L.A., Warangal and the corporators of Warangal have given in writting that Sri Talakoti Veeraiah S/o.Buchaiah belongs to BudagaJangam. In the meeting of A.P.Scheduled Caste Welfare Association, Warangal held on 26-2-1996 Sri B.Kattiah, Convenor has declared that Sri T.Veeraiah S/o Buchaiah belongs to Budaga Jangam, Sri T.Rajaiah brother of T.Veeraiah has produced declaration Form No.98/66 dt.21-6-96 issued by the Social Welfare Officer, Warangal declaring that Sri T.Veeraiah belongs to Budaga Jangam Caste. The RDO, Warangal has also reported that Sri T.Veeraiah S/o.Buchaiah has produced a copy of Transfer Certificate No.322dt. 28-4-76 in which his caste is recorded as Budaga Jangam. And a copy of S.C. Scholarship Certificate, issued by Head Master Government.High SchoolGirmajipet, Warangal stating that Sri T.Veeraiah S/o.Buchaiah has taken S.C. Scholarship from VI to IXth Class.
10. The Revenue Divisional Officer, Warangal further reported that on 19-4-96 some of the Government Servants viz., Sri VemmulaRavikumar, Sri Talakoti Shankaraiah S/o. Basavaraju, Talakoti Jagadeshwara Rao S/o. Lingaiah and Sri Vemmula Satyanarayana S/o. Basavaiah have given written statement in favour of Sri Talakoti Veeraiah S/o Buchaiah that they know personally Sri Talakoti Veeraiah and his parents belong to BudagaJangam.
11. The Revenue Divisional Officer, Warangal has finally stated that accordingy to the related documents and evidences the Mandal Revenue Officer, Hanamkonda has reported that Sri Talakoti VeeraiahS/o.Buchaiah resident of Kasibugga (V) belongs to Budaga Jangam Caste.
12. After carefully examination of documentary evidences produced by the appellant observed that the appellant belongs to Budaga Jangam. The Collector Warangal authorities failed to conduct proper enquiry into the false and frivolous complaint lodged against the appellant for wrongful gains, and the enquiry is not supported by any of the statement recorded from any person as seen from the original connected records of the Collector,Warangal. The Collector Warangal has relied on an entry made in primary school record of the appellant during the year 1964-65. As the father of the appellant originally hails from Keshavpur village Jammikunta (M) of Karimnagar District and migrated to Warangal and the parents of the appellant are illiterates and due to ignorance they have not taken proper steps to get their caste Budaga Jangam
correctly entered in the school records, the mere wrong entry in the primary school records does not alter the caste of the appellant in the presence of the above clinching evidence.
13. After passing the impugned order by the District Collector,Warangal, The Government has requested the District Collector, Warangal to report on the social status of the appellant. Afterenquiry by the R.D.O., Warangal and M.R.O., Hanamkonda it is established that the appellant belongs to Budaga Jangam. Keeping in view of the Judgement of A.P.High Court in W.P.No.19083/1994dt.28-6-96, On a fresh enquiry if the petitioner produce any evidence the same should be taken as evidence on the record and considered while giving the report. Hence it is clearly determinedthat Sri Talakoti Veeraiah S/o.Buchaiah belongs to Budaga Jangam Community.
14. Government after careful consideration, and in exercise of powers conferred under rule 7(2) of Andhra Pradesh SC/ST and BC -Regulation of issue of Community, Nativity and Date of Birth Certificates Act 1993 and the rules issued in G.O.Ms.No.58 Social Welfare (J2) Department dt 12-5-97. allowed the appeal filed by Sri Talakoti Veeraiah S/o. Buchaiah and set aside the orders of Collector, Warangal vide No.D2/7425/90, dated.23-02-1996and the Schedule Caste Certificate issued by then Tahsildar, Warangal videNo.G/7214/73 dt.26-07-1973 is valid.
15. The records received from the District Collector, Warangal vide reference fifth read above in Original file bearingNos.Collector, Warangal File No.D2/7425/90 ..CFP (474), The Revenue Divisional Officer, Warangal File No.G2/2162/96 NFP (6) and CFP (260) and Revenue Divisional Officer, Warangal File
No.D1/F/5076/90. NFP (14) and CFP (182) are returned herewith to the District Collector, Warangal he is requested to acknowledge the receipt of the same immediately.
( BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH )
DEPUTY SECRETARY TO GOVERNMENT
The District Collector, Warangal (W.E).
(with the original records )
Sri Talakoti Veeraiah,S/o. Buchaiah,H.No.11-23-30/D, Kashibugga, Warangal District.
The Vice Chairman, Kakatiya Urban Development Authority
//FORWARDED BY ORDER//