Talari Gutthi Rangappa vs The State Of Andhra Pradesh
2021 Latest Caselaw 2365 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY


               WRIT PETITION NO.11830 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 more particularly, one in the nature of Writ of Mandamus, declaring the action of respondent Nos.2 to 5 in initiating proceedings for evicting the respondent No.6 from Assigned House Site plot in survey No.220, situated at Yedavali village, Maddikera Mandal, Kurnool District is illegal, against provisions of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act 1977, consequently direct the respondent Nos.2 to 5 to evict the respondent No.6 from Assigned House Site Plot in survey No.220, situated at Yedavali Village, Maddikera Mandal, Kurnool District for restoring the possession of the same to the legal heirs of original assignee."

2. Though the petitioners made several allegations against

the respondents, during hearing, the learned counsel for the

petitioners requested this Court, without touching the merits of

the case, to issue a direction to the respondents to dispose of

the representation of the petitioner, dated 10.05.2021.

3. Learned Government Pleader for Revenue readily agreed

to dispose of the representation of the petitioner, if any,

pending with the respondent authorities.

4. In view of the submission of the learned 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 service to the cause of justice. As

the learned counsel for the petitioners himself requested to

dispose of the representation of the petitioner, dated

10.05.2021, I find no other alternative except to issue such

direction.

5. In the result, the Writ Petition is disposed of, directing the

respondent authorities to dispose of the representation of the

petitioner, dated 10.05.2021, in accordance with law, within

four (4) weeks from today. There shall be no order as to costs of

the Writ petition.

The miscellaneous petitions pending, if any in the Writ

Petition, shall also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 12.07.2021

MP

2019 (8) SCALE 544