A. Srinivasulu Naidu, vs The State Of Ap
2021 Latest Caselaw 2856 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                   WRIT PETITION NO.15563 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 action of the 4th

respondent therby including our private landed property

admeasuring an extent of Ac.37.83 cents in Sy.No.726 of

Mamillapalli Village fields, Chinthakommadinne Mandal, YSR

Kadapa District in prohibitory list as Forest Reserve under Section

22(A) of Registration Act, 1908 and inaction on the respondents on

our application dated 11.02.2020 submitted to delete out said land

form the list of prohibited properties for registration, as illegal,

irregular, irrational, violative of provisions of the Registration Act,

1908 and offends Articles 14 and 21 of Constitution of India and

consequently direct the respondents to decide my said application

by deleting my said land from the list of prohibited lands for

registration"

2. Though the petitioner made several allegations against the

respondents, during hearing, Sri V.Nageswara Rao, learned counsel

for the petitioner limited his request to dispose of application

11.02.2020 submitted by the petitioner, without touching the

merits of the case.

3. Learned Assistant Government Pleader for Revenue

appearing for respondents readily agreed to dispose of the

application dt.11.02.2020 submitted by the petitioner, if any,

pending with the respondent- authorities.

4. Recording the submissions of 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 not serve to the cause of justice. As the learned

counsel for the petitioner himself requested to issue a direction to

dispose of the application dated 11.02.2020 submitted by the

petitioner, I find no other alternative, except to issue such

direction.

5. In the result, the Writ Petition is disposed of, directing the

respondent authorities to dispose of the application dated

11.02.2020 submitted by the petitioner, in accordance with law,

within two (02) months from the date of receipt of a copy of this

order. No costs.

As a sequel, miscellaneous application, pending, if any,

shall also stand closed.

JUSTICE M. SATYANARAYANA MURTHY

Date: 04.08.2021

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2019 (8) SCALE 544

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.15563 OF 2021

Date: 04.08.2021

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