Citation : 2021 Latest Caselaw 2299 AP
Judgement Date : 7 July, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.13060 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 action of respondents 2 to 5 in not granting patta to the petitioner even though the petitioner is Sivoijamadar and cultivating the land in an extent of Ac.2.00 cents in Survey No.661 of Martur Village and Mandal, Prakasam District since more than 17 years with uninterrupted possession, as illegal, arbitrary, violative of principal of natural justice and also violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents to consider the application made by the petitioner and grant patta to the petitioner for the said land and not to interfere with the peaceful possession and enjoyment of the petitioner over subject property and pass such other order..."
2. Though the petitioner made several allegations against the
respondents, during hearing, Sri Y.V. Anil Kumar, learned counsel
for the petitioner limited his request to direct the 2nd respondent to
dispose of the representation, dated 31.05.2021 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 representation, dated
31.05.2021 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",
2019 (8) SCALE 544
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
2nd respondent to dispose of the representation, dated 31.05.2021
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
2nd respondent to dispose of the representation, dated 31.05.2021
submitted by the petitioner, in accordance with law, within eight (08)
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
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.13060 OF 2021
Date: 07.07.2021
IS
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