Immadi Durga Lakshmi vs The State Of Andhra Pradesh

Citation : 2021 Latest Caselaw 2490 AP
Judgement Date : 20 July, 2021

Andhra Pradesh High Court - Amravati
Immadi Durga Lakshmi vs The State Of Andhra Pradesh on 20 July, 2021
Bench: M.Satyanarayana Murthy
     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                   WRIT PETITION No.13964 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 mandamus declaring the action of the 2nd
     respondent in including the petitioners' land that was granted on

payment of market value an extent of Ac.1.30 cts in Sy.No.1451/3 and an extent of Ac.0.07 cts in Sy.No.583/2 of Macharla Village and Mandal, Guntur District, in the prohibitory list vide Rc.No.66/2019/E5, dt.04.02.2019, maintained under Section 22A(1)(a) of the Registration Act, 1908 as illegal, arbitrary, without jurisdiction and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the 2nd respondent to cause deletion of the petitioners' land from the prohibitory list in terms of the recommendations of the respondents 3 and 4, dt.03.03.2021 and 27.01.2021 respectively ....."

2. Though the petitioners made several allegations against the respondents, during hearing, Sri V.Surya Kiran Kumar, learned counsel for the petitioners, requested this Court, without touching the merits of the case, to issue a direction to respondent No.2 to dispose of the online application bearing No.TTA012000061903, dated nil, of the petitioners, keeping in view the recommendations of respondent Nos.3 and 4, dated 3.3.2021 and 27.1.2021 respectively.

3. Learned Government Pleader for Stamps and Registration appearing for the respondents readily agreed to dispose of the online application bearing No.TTA012000061903, dated nil, of the petitioners keeping in view the recommendations of respondent Nos.3 and 4, dated 3.3.2021 and 27.1.2021 respectively. 2

4. In view of the submission of the learned Government Pleader, 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 case of 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 respondent No.2 to dispose of the online application bearing No.TTA012000061903, dated nil, of the petitioners keeping in view the recommendations of respondent Nos.3 and 4, dated 3.3.2021 and 27.1.2021 respectively, I find no other alternative except to issue such direction.

5. In the result, the Writ Petition is disposed of, directing respondent No.2 to dispose of the online application bearing No.TTA012000061903, dated nil, of the petitioners keeping in view the recommendations of respondent Nos.3 and 4, dated 3.3.2021 and 27.1.2021 respectively, within a period of one month from today. There shall be no order as to costs.

Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.

_________________________________________ JUSTICE M.SATYANARAYANA MURTHY Date : 20.7.2021 AMD 1 2019 (8) SCALE 544 3 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION No.13964 OF 2021 Date : 20.7.2021 AMD