THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.15188 OF 2021
ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:-
"to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the 3rd respondent in considering the ROR.appeal No. /2007 dated 04.10.2008 under Section 5-B of Andhra Pradesh Rights in Land and Pattadar Pattadar Pass Books Act, 1971 in respect of issuance of pattadar pass books and title deeds in the name of the 9th to 12th respondents without reference of the petitioners by 4th respondent in pursuant to the Rythwari Patta for total extent of 24.81 Hectors(approximately Ac.61-27 cents) covered by Sy.Nos.50, 73, 75 and 112 situated at K.Yerrampalem Village, Rampachodavaram Mandal, East Godavari District in favour of the petitioners as per the case file No.1392/80, dated 31.10.1980 by the Settlement Officer, Anakapalli despite issuance of notice Ref.G.955/2008, dated 03.01.2009 on 03.02.2009, RTI application dated 08.04.2018, representation dated 26.07.2020, further notices Ref.E/180/2017 dated 12.10.2020, 27.03.2021 and 10.06.2021 as not conducting enquiry in the matter except issuance of notices time to time is arbitrary, illegal and void and violative of provisions of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 and Rules 1989 and Regulations apartfom violative of Article 14, 21, 300-A and 350 of Constitution of India"
2. Though the petitioners made several allegations against the respondents, during hearing, Sri Rama Murthy P.V.S.A, learned counsel for the petitioners limited his request to dispose of appeal pending before the 3rd respondent/Sub-Collector, Rampachodavaram, without touching the merits of the case.
3. Learned Government Pleader for Revenue appearing for the respondents readily agreed to dispose of the appeal, if any, pending with the respondent-authorities.
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4. Recording the submissions made by the learned Government Pleader for Revenue, I need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of the judgment of the Apex Court in The Government of India v. P.Venkatesh1, wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do no service to the cause of justice. As the learned counsel for the petitioners himself requested to issue a direction to dispose of the appeal pending before the 3rd respondent/ Sub-Collector, Rampachodavaram, I find no other alternative, except to issue such direction.
5. In the result, the Writ Petition is disposed of, directing the 3rd respondent/ Sub-Collector, Rampachodavaram to dispose of the appeal pending before him, in accordance with law, within Eight(8) weeks from the date of a receipt of copy of this order after giving opportunity to all the concerned. No costs.
As a sequel miscellaneous application, pending, if any, shall also stand closed.
__________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 03.08.2021 tm 1 2019 (8) SCALE 544 3 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.15188 OF 2021 Date: 03.08.2021 tm