Citation : 2021 Latest Caselaw 3268 AP
Judgement Date : 31 August, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.18492 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 2nd respondent for not considering the application dated 28.01.2021 of the petitioner for restoring the Petitioner's Record of Holdings as "Kolkar Hasan Sab" in Sy.No.1971 in RH Page 696 and "Kolkar Mahaboob Sab" in RH Page 697 in Sy.No. 1972" of Doddipalli Village of Piler Mandal is bad, arbitrary, illegal and Un-Constitutional and also contrary to Article 300-A of the Constitution of India and consequently direct the Respondents 2 to 4 to restore the petitioner's Record of Holdings prior to the tampering of the Government Records 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 to issue a direction to the respondents
to dispose of the representation dated 28.01.2021 submitted by the
petitioner, without touching the merits of the case.
3. Learned Government Pleader for Revenue appearing for
respondents readily agreed to dispose of the representation dated
28.01.2021 submitted by the petitioner, 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 be
passed 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 representation dated 28.01.2021 submitted
by the petitioner, I find no other alternative except to issue such
direction.
6. In the result, Writ Petition is disposed of, directing the 2nd
respondent to dispose of representation dated 28.01.2021 submitted
by the petitioner, in accordance with law, within four (04) weeks from
to day. No costs.
As a sequel, miscellaneous applications pending, if any, shall
also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY
Date: 31.08.2021
KK
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.18492 OF 2021
Date: 31.08.2021
KK
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