B LAXMIDEVAMMA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner has filed writ petition No. 5357 of 1999 seeking a direction of writ of mandamus, to the Distirict Collector and other officers for issue of a necessary patta certificate, title deeds and orders in respect of two acres of land in Tirupati town in Survey No. 4049/3 and for the purpose the petitioner relied upon F.O.No. 9006 Revenue (Assignment IV) dated 30-12-1998. The learned single Judge of the High Court dismissed the writ petition by a short order dated 7-3-1999. Against the said order the petitioner filed a Writ Appeal No. 449 of 1994 which was also dismissed on 5-4-1999 by the Division Bench of the High Court. Thereafter the petitioner approached this Court.

(2.) Initially the Government filed a counter-affidavit dated 28-10-1999 stating that the G.O. produced by the petitioner in Writ Petition was a 'fake" one and further that the order in W.P.M.P. No. 13996/97 in the earlier pending Writ Petition No. 9780/97 is also a fake one. As regards to the W.P. No. 9780/97 it is submitted that it is still pending disposal. The concerned Section Officer at the time of issue of G.O. was Sri J. Srinivasulu Reddy and according to the counter his signature is not tallying with the signature on G.O. The concerned Government Pleader of the Andhra Pradesh High Court stated in his letter dated 26-5-1999 that he personally verified the record in the pending W.P. No. 9780/97 and found that there was no W.P.M.P. No. 13996/97 filed in the siad W.P. No. 9780/97.

(3.) The petitioner filed writ petition in 1999 seeking assignment on the basis of the G.O. and was prepared to pay about Rs. 26 lakhs. The Government filed an additional counter-affidavit giving further details as to how signature of Section Officer and Secretary do not tally. In regard to the G.O. and U.O. note etc. they said that the G.O. is not found in the register of G.O. etc. In reply the petitioner filed a further rejoinder and asserted that the G.O. was a genuine one.