IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND NINE :PRESENT: THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO : 8453 of 2007 Between: G.Jayasree, w/o Santosh Kumar, ..... PETITIONER AND 1 The District Collector, Mahabubnagar District at Mahabubnagar. 2 The Revenue Divisional Officer, at Wanaparthy, Mahabubnagar District. 3 Smt.Susheela, w/o K.Bhaskar, r/o Pebbair Village and Mandal, Mahabubnagar District. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ of mandamus or any other appropriate writ or writs, order or direction, declaring the proceedings dated 14-1-2007 in Lr.No.G/1192/2006 on the file of the 2nd respondent herein, as illegal, arbitrary, without jurisdiction and violative of principles of natural justice; Award costs and pass such other or further orders, as are deemed fit and proper in the circumstances of the case. Thee petition coming on for hearing, upon perusing the petition and the affidavit filed in support there of and the order of the High Court dated 23-4-2007 made in WPMP.No.10849 of 2007 and upon hearing the arguments of SRI N. SREEDHAR REDDY, Advocate for the Petitioner and of the Govt. Pleader for Revenue for the respondents 1 and 2, and of Sri S. Nanda Advocate for the respondent No.3, the Court made the following: ORDER: In the instant case, the issue involved is whether the R.D.O. is competent to entertain a complaint with regard to the change of date of birth, contrary to the concerned G.Os. and the provisions of the Register of Birth and Deaths Act, 1969. The matter was heard elaborately several times. Certain important questions of law about the competent of the R.D.O. to initiate proceedings on the complaint regarding the change of date of birth were raised. Therefore, Government pleader was directed to file a detailed counter affidavit on behalf of the concerned Secretary, but even though the matter underwent more than 12 adjournments, no counter affidavit is filed. In the circumstances, post the matter after one week i.e. on 28-01-2009 finally. If no counter is filed on that day, Mr. Samuel, Principal Secretary shall appear personally before this court on 28-01-2009. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1 The District Collector, Mahabubnagar District at Mahabubnagar. 2 The Revenue Divisional Officer, at Wanaparthy, Mahabubnagar District. 3 Smt.Susheela, w/o K.Bhaskar, r/o Pebbair Village and Mandal, Mahabubnagar District. ( 1 to 3 by RPAD) 4. Mr. Samuel, Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad. (By SPL. MESSENGER) 2 CCs to the G.P. for Revenue, High court of A.P.Hyd. (O.UT) 5. One C.C.to Sri N. Sreedhar Reddy Advocate. (OPUC) 6. one spare copy. HIGH COURT NVR.J DATED 21-01-2009 ORDER W.P.NO. 8453 OF 2007 DIRECTION Bsr Dt. 22-1-2009 HIGH COURT NVR.J DATED 21-01-2009 ORDER W.P.NO. 8453 OF 2007 DIRECTION