Citation : 2021 Latest Caselaw 2461 AP
Judgement Date : 19 July, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.9632 OF 2021
ORDER:
This writ petition is filed under Article 226 of the Constitution
of India seeking the following relief:
"to issue a writ or order, orders or directions more particularly one in the nature of Writ Mandamus (i) declaring the action of the 4th respondent in colluding with 5th respondent for making fraudulent entries/mutation in online Revenue Records in favour of the 5th respondent in respect of land to an extent of Ac.1.24 cents and Ac.1.71 cents situated in Sy.Nos.922 and 923 respectively of Rangasamudram Village, Porumamilla Mandal, Kadapa District as illegal, arbitrary, discriminative, mala fide, unjust, colorable exercise of powers besides violative of the Arts.14, 21 and 300-A of the Constitution of India; and (ii) consequently, set aside the same by directing the respondents in general and 4th respondent in particular to cancel the online illegal entries/mutation in favour of 5th respondent in respect of landed property to an extent of Ac.1.24 cents and Ac.1.71 cents situated in Sy.Nos.922 and 923 respectively of Rangasamudram Village, Porumamilla Mandal, Kadapa District."
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 representation
of the petitioner dated 27.03.2021.
Learned Assistant Government Pleader for Revenue readily
agreed to dispose of the representation of the petitioner dated
27.03.2021, 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
2019 (8) SCALE 544 MSM,J WP_9632_2021
cases in overburdened adjudicatory institutions. But, they do no
service to the cause of justice. As the learned counsel for the
petitioner himself requested to issue a direction to dispose of the
representation of the petitioner dated 27.03.2021, I find no other
alternative except to issue such direction.
In the result, the writ petition is disposed of, directing
respondent No.1 to 4 to dispose of the representation of the
petitioner dated 27.03.2021, in accordance with law, within four (4)
weeks from today. As per the orders passed in I.A.No.02 of 2021 the
writ petition is dismissed against respondent No.5. No costs.
The miscellaneous petitions pending, if any, shall also stand
closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY 19.07.2021 Ksp
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