S PRABHAVATHI Vs. SUPERINTENDENT OF POST OFFICE

JUDGEMENT

(1.) THE petitioner claims to be a nominee of two Kisan Vikas Patras of Rs. 50,000/denomination each, deposited by her mother-in-law, late Smt. Subbalakshmi, on 30-5-1995, which would be matured by 30. 9. 2001.

(2.) IT is stated that late Subbalakshmi obtained two Kisan Vikas Patras showing the petitioner and her father-in-law, late Anjaneyulu who is the husband of the investor, as nominees. Subsequently, her father-in-law died on 8-12-1995 and mother-in-law died on 14-7-1996, much prior to the maturity of the Kisan Vikas Patras. The petitioner went to her parents house in the month of January, 2001. At that time, the said Vikas Patras were taken away by the sister of her husband. A complaint was lodged by the petitioner to the police about the missing of Vikas Patras and also gold ornaments and the police after investigation, closed the same as a family dispute. When the petitioner approached the respondent seeking for issue of duplicate certificates, the respondent has not taken any action. Thereafter, the petitioner approached the Legal Services Authority, Cuddapah before whom, the respondent filed the counter stating that Smt. Indira Devi, in whose possession, the Vikas Patras are available, is not the nominee and the petitioner alone is entitled to receive the maturity amount. On that, the Legal Services Authority disposed of the application directing the petitioner to approach the appropriate forum. In view of the same, the present writ petition is filed.

(3.) THE respondent filed the counter admitting about the purchase of Kisan Vikas Patras by late Smt. Subbalakshmi in Cuddapah Head Post Office under registration Nos. 16660 and 16661 nominating the petitioner and her father-in-law who is the husband of the investor. One Smt. Indira Devi, divorced daughter of the investor through her representation informed the Post Master that she is having Kisan Vikas Patras bearing Nos. 461825 and 461825, dated 30-9-1995 in her custody and requested not to issue any duplicates to anybody. In the light of the instructions issued by the Regional Office, Kurnool, the petitioner was informed that it would not be possible to issue duplicates and the original Vikas Patras are available with Smt. Indira Devi and requested to obtain the same and prefer the claim.