Amarajeevi Kokmuram Bheem ... vs The State Of Andhra Pradesh
2021 Latest Caselaw 2758 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                  WRIT PETITION NO.14949 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 respondents in not considering the cases of the petitioner's society to recognize their possession and enjoyment of the lands and issue pattas in their names as illegal, arbitrary, highhanded, discriminatory and cannot be justified in the eye of law and consequently direct the respondents (1) To conduct the survey of land admeasuring Ac 63.50 cents in RS No 597/1 595, 598, 598, 605, 606, 608, 615, 616 72 88 622 43/3 41 42 587/6 532 635/3 535/3 37/2 (Hastle).

(2) To record the names of the crops swon and physical possession of the persons (members of the society). (3) To make necessary entries in revenue records updating the Adangal/Pahanies regarding the nature of land and cultivation column, name of the crop, name of the persons on possession and other columns.

(4) To direct the respondents to recognize the possession of the members of the petitioner society and to consider their cases to issue pattas in their names.

(5) To restore Ac 3-80 in Rs.No.71 classified as Rudrabhoomi Burial ground of Bandivarigudem village, and pass such other order or orders."

2. Though the petitioner made several allegations against the

respondents, during hearing, Sri Ch.Srinivas, learned counsel for

petitioner limited his request to dispose of the representations made

by the petitioner dated 06.09.2018, 07.10.2019, 29.08.2020,

05.10.2020, 10.12.2020 and 10.01.2021, without touching the

merits of the case.

3. Learned Assistant Government Pleader for Revenue, appearing

for respondents readily agreed to dispose of the representations

dated 06.09.2018, 07.10.2019, 29.08.2020, 05.10.2020, 10.12.2020

and 10.01.2021 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

petitioners himself requested to issue a direction to dispose of the

representations dated 06.09.2018, 07.10.2019, 29.08.2020,

05.10.2020, 10.12.2020 and 10.01.2021 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 representations submitted by the

petitioner dated 06.09.2018, 07.10.2019, 29.08.2020, 05.10.2020,

10.12.2020 and 10.01.2021, 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.14949 OF 2021

Date: 30.07.2021

VSL