Andhra Pradesh High Court - Amravati
Smt S. Papamma vs State Of Andhra Pradesh on 7 July, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.12993 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, declaring the inaction of
respondents in issuing D-Form Patta to the Petitioner in respect of
land in an extent of Ac.0.64 cents in Sy.No.11/2 of Prajarajapuram
Village, Pathapatnam Mandal, Srikakulam District to the Petitioner by
considering her possession and enjoyment over the said land since
14.10.1969 and in considering representations, dated 25.02.2021,
19.05.2021 and 27.06.2021 as illegal, arbitrary and violative of
principles of natural justice as also violative of Articles 14, 21 and
300-A of the Constitution of India and consequently direct the
respondents to act upon the Petitioner's representations, dated
25.02.2021, 19.05.2021 and 27.06.2021 in issuing the D-Form Patta
in respect of land in an extent of Ac.0.64 cents in Sy.No.11/2 of
Pathapatnam Village and Mandal, Srikakulam District and pass such
other order..."
2. Though the petitioner made several allegations against the
respondents, during hearing, Sri P.Raj Kumar, learned counsel for
the petitioner limited his request to direct the respondents to dispose
of the representations, dated 25.02.2021, 19.05.2021 and
27.06.2021 submitted by the petitioner, without touching the merits
of the case.
3. Learned Assistant Government Pleader for Revenue, appearing
for respondents readily agreed to dispose of the representations,
dated 25.02.2021, 19.05.2021 and 27.06.2021 submitted by the
petitioner, if any, pending with the respondent-authorities.
4. Recording the submissions 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 not serve to the cause of justice. As the learned counsel
for the petitioner himself requested to issue a direction to the
respondents to dispose of the representations, dated 25.02.2021,
19.05.2021 and 27.06.2021 submitted by the petitioner, I find no
other alternative, except to issue such direction.
5. In the result, the Writ Petition is disposed of, directing the
respondents to dispose of the representations, dated 25.02.2021,
19.05.2021 and 27.06.2021 submitted by the petitioner,
in accordance with law, within four (04) weeks from today. No costs.
As a sequel miscellaneous application, pending, if any, shall
also stand closed.
_________________________________________
JUSTICE M. SATYANARAYANA MURTHY
Date: 07.07.2021
IS
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.12993 OF 2021
Date: 07.07.2021
IS
