THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.15002 OF 2015
ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
"to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents no 2 and 3 in trying disposes the petitioners from the property for an extent of Ac.7-54 cents situated in Sy.No.121/A,B and 2C, 3 and 121/2D at Sundarapalli Village, K Gangavaram Mandal, East Godavari District after converting the agricultural Zerothi land to water tank of the petitioners properties which is illegally arbitrary and voilative of principles of natural justice and consequently direct the respondents to consider the representations dated 23.03.2015, 27.04.2015 and 19.05.2015."
During hearing, learned counsel for the petitioners, without touching the merits of the case, requested this Court to issue a direction to the respondents not to dispossess the petitioners from their land without following due process of law.
Learned Assistant Government Pleader for Revenue, admitted that the petitioners are continuing in possession of his land and requested to pass appropriate orders.
Admittedly, the petitioners are in possession and enjoyment of the property. In such case, when the petitioners are in possession and enjoyment of the property, they cannot be dispossessed, without following due process of law, as held by Apex Court in Rema Gowda (dead) by Lrs. V. M. Varadappa Naidu (dead) by Lrs1. Therefore, the respondents are directed not to dispossess the petitioners from their property, except by due process of law.
Though the petitioners made several allegations against the respondents, during hearing, learned counsel for the petitioners requested this Court, to issue a direction to the respondents to 1 (2004) 1 Supreme Court Cases 769 MSM,J WP_15002_2015 2 dispose of the representations of the petitioners dated 23.03.2015 and 27.04.2015.
Learned Assistant Government Pleader for Revenue readily agreed to dispose of the representations of the petitioners dated 23.03.2015 and 27.04.2015, if any pending with the authorities.
In view of the submission of the learned Assistant 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.Venkatesh2", 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 representations dated 23.03.2015 and 27.04.2015, I find no other alternative except to issue such direction.
In the result, the writ petition is disposed of, at the stage of admission with the consent of both the counsel, directing the respondents to dispose of the representation dated 23.03.2015 and 27.04.2015 within six (06) weeks from the date of receipt of copy of the order; while directing the respondents not to dispossess the petitioners from their property, except by due process of law. No costs.
Consequently, miscellaneous petitions pending, if any, shall also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date:22.04.2022 SP 2 2019 (8) SCALE 544