R SREEHARI RAO Vs. SUB DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) This is an application for the issue of a writ of Mandamus to quash an order passed by the Asst. Collector, Gadwal, dated 29-10-1971 which is addressed to the petitioner and is in the following terms:-

(2.) I have adjourned the case to enable the learned Govt Pleader to find cut under what authority has the Asst. Collector issued this notice. Even now the learned Govt. Pleader is unable to say under what provision of law the Asst. Collector is taking this action. The notice purports to be summons to the accused person. I am unable to understand the use of the word summons as no charge was framed for any offence said to be committed under any Act. There is no provision for such an offence under the old Mulki Rules of the Nizam and for such an enquiry by a Magistrate. The Asst. Collector, has, therefore, no authority to issue this notice or to conduct any enquiry.

(3.) The Asst. Collector, Gadwal, filed a counter affidavit stating that he made local enquires in the village and found that the Mulki Certificate obtained by the petitioner was a bogus one. In the first place, no particulars are given as to who are all the persons whom the Asst. Collector interrogated for the purpose of this enquiry. The averments in the counter affidavit are too vague to be accepted. The learned Govt. Pleader says that these enquires were conducted in pursuance of a Memo issued by the Govt, and a consequential direction by the Collector. Neither the Memo nor the direction of the Collector have been placed before this court. It is further admitted in the counter affidavit that the source of information is contained in a list of the alleged bogus Mulki Certificate holders furnished by the Telangana N.G. Os. Union. T fail to understand on what material the said Union prepared this list. It is most regrettable that the Govt., should act upon such a list prepared by a Partisan Union and proceed to conduct these enquiries. If in any particular case the Govt. is satisfied that a person obtained a Mulki Certificate by cheating or by committing fraud, it is always open to the Govt, to file o Criminal Case. In such a case, an enquiry should also be held as against the concerned officers who have issued the certificates. This would reveal on what material the particular officers in the Telangana Area have issued the Mulki Certificates. If the Government is serious about such an enquiry, it is better that enquires are started against the officers who have granted the certificates also instead of taking stray cases as in the present case. This writ petition is allowed and the petitioner will be entitled to his costs. Advocate "?s fee Rs. 100/-.