Andhra Pradesh High Court - Amravati
B.Thimmappa vs The State Of Andhra Pradesh on 23 July, 2021
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.14094 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 direction more particularly one in the
nature of Writ of mandamus declaring the action of the 3rd
respondent in not taking any steps in pursuance to report submitted
by the 4th respondent on 09.12.2019 in Rc.B/312/2018 in terms of
his directions on the application submitted by the petitioner seeking
amendment of entries with respect to the land to an extent of Ac.
5.82 cents in Sy.No. 104/1 of Machapuram Village, Devanakonda
Mandal, Kurnool District which were got mutated in the name of 5 th
respondent even without following the procedure contemplated under
the A.P. Rights in Land and Pattadar Pass Book Act, 1971 and in
total negation of principles of natural justice and fair play apart from
being in violation of Articles 21 and 300-A of the Constitution of india
and consequently direct the 3rd respondent to pass orders on the
pending application of the petitioner and pass such other orders...."
2. Though the petitioner made several allegations against the
respondents, during the course of 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 dated 16.10.2019 submitted by the petitioner.
3. Learned Government Pleader for Revenue appearing for
respondents readily agreed to dispose of the representation dated
16.10.2019 submitted by the petitioner, if any pending with the
respondent authorities, in view of the recommendations made in
Rc.B/312/2018, dated 09.12.2019 by the 4th respondent and also
endorsement dated 03.09.2019 in Spandana Programme vide Rc.1434
of 2019 issued by the 4th respondent.
4. In view of the submission of Government Pleader for Revenue
appearing for respondents, I need not decide the truth or otherwise of
the allegations made in the petition.
5. 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 dispose of the representation dated 16.10.2019
submitted by the petitioner, I find no other alternative except to issue
such direction.
6. In the result, Writ Petition is disposed of, directing the 3rd
respondent/ Joint Collector, Kurnool District to dispose of
representation dated 16.10.2019 submitted by the petitioner and
afford opportunity to all the parties concerned, in accordance with
law, within four (04) weeks from the date of receipt of a copy of this
order. No costs.
As a sequel, miscellaneous applications pending, if any, shall
also stand closed.
_________________________________________
JUSTICE M. SATYANARAYANA MURTHY
Date: 23.07.2021
KK
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO. 14094 OF 2021
Date: 23.07.2021
KK
