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High Court for State of TelanganaWP/32753/2012dismissed

Bhukya Sajee v. The Government Of Andhra Pradesh, Rep By Its Secretary,

2015-06-24C.V.Nagarjuna Reddy3 pages

The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.32753 of 2012 Dated 24.06.2015 Between:

Bhukya Sajee and 5 others ... Petitioners and The Govt. of A.P.

rep. by its Secretary Hyderabad and 2 others

...Respondents

Counsel for the petitioners: Mr.Putta Krishna Reddy Counsel for the respondents: GP for Forests (TS) The Court made the following:

Order:

This Writ Petition is filed for the following substantive relief:

"to issue an appropriate writ, order or direction, more particularly, one in the nature of a writ of Mandamus declaring the inaction of the respondents in considering the representations of the petitioners inspite of the order of the Hon'ble High Court in WP No.13268 of 1995, dated 306-1995, as illegal, arbitrary and un-

sustainable, and consequently, direct the respondents to consider the representations of the petitioners in the light of the order of this Hon'ble court in WP No.13268 of 1995, and issue pattas to the petitioners by taking into consideration the order passed by the Forest Settlement Officer, Khammam, in Proceeding No.599/63-D, dated 28-12-1976."

In the counter-affidavit filed by respondent No.2, he has seriously disputed the genuineness of the purported proceeding No.599/63-D, dated 2812-1976, and termed the same as forged and fabricated document. As the petitioner has not filed the original or the certified copy of the said proceeding, this Court has adjourned the Writ Petition to enable him to file the same.

Today, at the hearing, Mr.Putta Krishna Reddy, learned Counsel for the petitioners, submitted that his clients are unable to produce either the original or the certified copy of the said proceeding.

In the absence of proof regarding the genuineness of the aforesaid proceeding, no Mandamus can be issued against the respondents. In this view of the matter, the Writ Petition is dismissed, however, with liberty to the petitioners to

approach the respondents for redressal of their grievance, if they are able to secure the original or the certified copy of the aforesaid proceeding. As a sequel to dismissal of the Writ Petition, WPMP.No.41704 of 2012, filed by the petitioners for interim relief, is disposed of as infructuous. ______________________ (C.V.Nagarjuna Reddy, J) Dt: 24th June, 2015 LUR