Citation : 2021 Latest Caselaw 2754 AP
Judgement Date : 30 July, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.15100 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 4th respondent in not considering the representation submitted by the petitioner on 05.07.2021 requesting to extend the lease by way of permanent or grant assignment patta in respect of the agricultural lands in an extent of Ac.5- 00 cents in part of parcel of Sy.No.340 of Kobaka Village fields, Yerpedu Mandal, Chittoor District on the ground of landless poor, despite the petitioner is in exclusive peaceful possession and enjoyment of the same since 1975 by way of lease under temporary assignment as illegal, arbitrary and violative of principles of natural justice and affected the petitioner's rights guaranteed under Article 14, 19(1)(g) and 300(A) of the Constitution of India and consequently direct the respondents to consider petitioner's representation dated 05.07.2021 with reference to above mentioned property and pass such other order or orders."
2. Though the petitioner made several allegations against the
respondents, during hearing, Sri V.Eswaraiah Chowdary, learned
counsel for the petitioner limited his request to dispose of the
representation made by the petitioner dated 05.07.2021, without
touching the merits of the case.
3. Learned Assistant Government Pleader for Revenue, appearing
for respondents readily agreed to dispose of the representation
05.07.2021 submitted by the petitioner, if any, pending with the
respondent-authorities.
4. Recording the submissions 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
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 05.07.2021 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
respondents to dispose of the representation submitted by the
petitioner dated 05.07.2021, in accordance with law, within four (04)
weeks from today, by giving opportunity to the concerned. No costs.
As a sequel miscellaneous application, pending, if any, shall
also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY
Date: 30.07.2021
VSL
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.15100 OF 2021
Date: 30.07.2021
VSL
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