Kotte Chandrdasekhar, vs The Chief Commissioner Of Land ...
2021 Latest Caselaw 2965 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                   WRIT PETITION No.16618 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 1st respondent failed to dispose of the appeal through CCLA's Ref.No. Assn-I (1)/396/2019, DT: 28.08.2019, which was filed against the order of the 2nd respondent by its order No R.Dis.E1/3438/2018, Dt: 31.08.2018 refused to enter the petitioner name in the RSR by deleting the property in Sy.No 574-A3E for an extent of Ac.0.74 Cents, Sy.No.574-A3F for an extent of Ac.0.75 Cents and Sy.No. 574-A3G for an extent of Ac. 0.77 Cents, total an extent of Ac.2.26 Cents situated Thamminapatnam Village, Chillakuru Mandal, SPSR Nellore District from the prohibitory properties list furnished U/Sec 22-A(1) of Registration Act 1908, as arbitrary illegal against Article 19, 21 and 300-A of the Constitution of India and pass such other orders".

2. Though the petitioner made several allegations against the

respondents, during the course of hearing learned counsel for the

petitioner requested this Court without touching the merits of the

case, to issue a direction to the 1st respondent to dispose of the

Appeal filed by the petitioner vide CCLA's Ref.No.

Sett.I(1)/DL/321/2019, dated 20.11.2019

3. Learned Government Pleader for Revenue appearing for

respondents readily agreed to dispose of the Appeal filed by the

petitioner through vide CCLA's Ref.No. Sett.I(1)/DL/321/ 2019, dated

20.11.2019, if any pending with the respondent authorities.

4. In view of the submission of Government Pleader for Revenue

appearing for respondents, I need not decide the truth or otherwise of

the allegations made in the petition.

5. 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 Appeal filed by the petitioner, I find

no other alternative except to issue such direction.

6. In the result, Writ Petition is disposed of, directing the 1st

respondent/ The Chief Commissioner of Land Administration to

dispose of the Appeal filed by the petitioner vide CCLA's Ref.No.

Sett.I(1)/DL/321/2019, dated 20.11.2019 in accordance with law,

within eight (08) weeks from the date of receipt of a copy of this order.

No costs.

As a sequel, miscellaneous applications pending, if any, shall

also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 10.08.2021

KK

2019 (8) SCALE 544

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No.16618 OF 2021

Date: 10.08.2021

KK