Andhra Pradesh High Court - Amravati
Kalapala Siva, vs State Of Andhra Pradesh on 30 July, 2021
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.15022 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 inaction of the
respondents on petitioners' representation dated 18.03.2021
submitted for restoration of lands covered by D-Form Pattas
granted in favour of the petitioners under the provisions of
the Andhra Pradesh Bhoodan and Gramdan Act, 1965
connected to their agricultural lands in an extent of Ac.1.00
cents in Sy.Nos.102/25, 102/30, 104/2, 102/29 and 102/1
situated at Taduvai Village and Panchayat in
Jangareddygudem Mandal of West Godavari District by
evicting the illegal encroachers i.e., respondent Nos.5 to 9, as
illegal, violative of the provisions of said statute and also
Andhra Pradesh Assigned Lands [Prohibition of Transfers]
Act, 1977 and offends Articles 14 and 21 of constitution of
India and consequently direct the respondents to conduct
enquiry and restore the petitioners' said lands to the
petitioners by evicting the respondent Nos.5 to 9 and pass
such other order or orders."
2. Though the petitioners made several allegations against the
respondents, during hearing, Sri Siva Sankara Rao Borra, learned
counsel for petitioners limited his request to dispose of the
representation made by the petitioner dated 18.03.2021, without
touching the merits of the case.
3. Learned Assistant Government Pleader for Revenue, appearing
for respondents readily agreed to dispose of the representation
18.03.2021 submitted by the petitioners, 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
petitioners himself requested to issue a direction to dispose of the
representation dated 18.03.2021 submitted by the petitioners, 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
petitioners dated 18.03.2021, 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.15022 OF 2021
Date: 30.07.2021
VSL
