Andhra Pradesh High Court - Amravati
Ch Surya vs The Tahsildar on 11 August, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.16509 OF 2021
ORDER:
This writ petition is filed under Article 226 of the Constitution
of India seeking the following relief:
"to issue Writ of Mandamus declaring the action of the Respondent
No 1 as illegal and arbitrary issuing the Pattadar Passbook in favour
of the Respondent No.4 in respect of the land of the Petitioner
known as the Marrichettuguddi Mettu admeasuring 22 Cents in
Survey No.164-5 situate at Lolugu Village Ponduru Mandal
notwithstanding the Pattadar Passbook issued in favour of the
Petitioner by the very same Respondent No 1 and further declaring
the said action of the Respondent No.1 as violating the Principles of
Natural Justice resulting in civil consequences to the Petitioner
since the Respondent No 1 did not hear the Petitioner while doing
the said favour in favour of the Respondent No 4 and it is
consequentially prayed that this Honble Court may be pleased to
consider and pass appropriate Orders basing on the representation
of the Petitioner by way of his legal notice dated 29.05.2021 duly
hearing the Petitioner and communicating the consequential Order."
Though the petitioner made several allegations against the
respondents, during hearing, learned counsel for the petitioner
requested this Court, without touching the merits of the case, to
issue a direction to the respondents to dispose of the representation
by way of legal notice dated 29.05.2021.
Learned Assistant Government Pleader for Revenue readily
agreed to dispose of the representation of this petitioner by way of
legal notice dated 29.05.2021, 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.Venkatesh1", wherein the Apex
2019 (8) SCALE 544
MSM,J
WP_16509_2021
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
petitioner himself requested to issue a direction to dispose of the
representation of the petitioner by way of legal notice dated
29.05.2021, I find no other alternative except to issue such direction.
In the result, the writ petition is disposed of, directing the
respondents to dispose of the representation by way of legal notice
dated 29.05.2021 within two (02) months from the date of receipt of
copy of the order, after affording an opportunity to Respondent No.4.
No costs.
Conseuqenlty, miscellaneous applications pending, if any,
shall also stand closed.
_________________________________________
JUSTICE M. SATYANARAYANA MURTHY
Date:11.08.2021
SP
