Andhra Pradesh High Court - Amravati
Sri. G. Abdul Sattar vs The State Of Andhra Pradesh on 31 August, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.18570 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 to
1) declare the inaction of the respondent No.2 in disposing of their
representation Dated 27.05.2021 pending before the respondent
No.2 requesting to take necessary action conducting necessary
enquiry on fabricated Possession Certificates issued by the then
Tahasildar having no authority to issue the said possession
certificates pertaining to their house sites No 1F and 1B and to
other 296 person who ineligible persons who are not in the
possession of the land in the year 2018 pertaining to the land
situated in Sy.No.133, which includes Sy.No.133/8 of
Joharapuram, Kurnool, Kurnool District, without cancelling the
House site pattas issued to Kurnool Journalist Association
Members issued in the year 1999 by the than Thasildhar as
illegal and arbitrary and consequently
2) To direct the Respondent No.2 to dispose of their representation
Dated 27.05.2021 taking necessary action against the fabricated
possession certificates issued by the then Tahasildar in the year
2018, who was not competent authority to issue the said
possession certificates for the lands of urban areas situated in
Sy.No.133 which includes Sy.No.133/8 of Joharapuram Kurnool
and pass such other orders...."
2. Though the petitioners made several allegations against the
respondents, during the course of hearing learned counsel for the
petitioners requested this Court to issue a direction to the
respondents to dispose of the representation dated 27.05.2021
submitted by the petitioners, without touching the merits of the case.
3. Learned Government Pleader for Revenue appearing for
respondents readily agreed to dispose of the representation dated
27.05.2021 submitted by the petitioners, 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 petitioners himself requested to issue a
direction to dispose of the representation dated 27.05.2021 submitted
by the petitioners, 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 27.05.2021 submitted
by the petitioners, in accordance with law, within four (04) weeks
from today. 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.18570 OF 2021
Date: 31.08.2021
KK
