Citation : 2021 Latest Caselaw 2256 AP
Judgement Date : 5 July, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.12564 OF 2021
ORDER:
This writ petition is filed under Article 226 of the Constitution
of India seeking the following relief:
"to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of MANDAMUS by declaring the inaction of the respondents in considering the application of the petitioner dated 09.06.2021 seeking upto date the entries in R.S.No.513 of Lingareddypalem Village, Koduru Mandal, Krishna District is illegal, arbitrary and contrary to provisions under Section 3 (3) A.P.Rights in Land and Pattadar Pass Book Act, 1971 and Rule 15 of A.P.Rights in Land and Pattadar Pass Books Rules, 1989 and violative of the Principles of Natural Justice as guaranteed under the Constitution of India and consequently direct the respondents to consider the application of the petitioner dated 09.06.2021 for update the entry in record of rights."
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 application of
the petitioner dated 09.06.2021.
Learned Assistant Government Pleader for Revenue readily
agreed to dispose of the application of the petitioner dated
09.06.2021, 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
Court held that such orders may make for a quick or easy disposal of
cases in overburdened adjudicatory institutions. But, they do no
2019 (8) SCALE 544 MSM,J WP_12564_2021
service to the cause of justice. As the learned counsel for the
petitioner himself requested to issue a direction to dispose of the
application dated 09.06.2021, I find no other alternative except to
issue such direction.
In the result, the writ petition is disposed of, directing
respondent No.4 to dispose of the application dated 09.06.2021, in
accordance with law, within four (4) weeks from today. No costs.
The miscellaneous petitions pending, if any, shall also stand
closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY 05.07.2021 Ksp
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