Madiga Pedda Rangamaddileti, vs The State Of Andhra Pradesh
2021 Latest Caselaw 1962 AP

       THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                         WRIT PETITION NO.10492 OF 2021
ORDER:

This writ petition is filed under Article 226 of the Constitution

of India seeking the following relief:

"To issue Writ of Mandamus writ of Mandamus declaring the action of the respondents in not mutating petitioner name in the revenue records and issuing Title Deed cum EPassbook pertaining to lands to an extent of Ac 4 98 cts in S No 4411 and Ac 3 36cts in S No 4403 Dinnedevarapadu village Kurnool Mandal Kurnool District as illegal arbitrary and contrary to the provisions of the Andhra Pradesh Record of Right in Land and Pattadar Pass books Act 1971 and the Rules made there under and Art 300A of Constitution of India and consequently direct the respondents to mutate petitioner name in the concerned revenue records and issue title deed cum EPass Book pertaining to the lands stated supra."

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 06.03.2021.

Learned Assistant Government Pleader for Revenue readily

agreed to dispose of the representation of the petitioner dated

06.03.2021, 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

cases in overburdened adjudicatory institutions. But, they do no

service to the cause of justice. As the learned counsel for the

2019 (8) SCALE 544 MSM,J WP_10492_2021

petitioner himself requested to issue a direction to dispose of the

representation dated 06.03.2021. I find no other alternative except to

issue such direction. Failure to pass appropriate orders on the

E-Seva Application RMU012106326062 dated 06.03.2021 is contrary

to the procedure and it is arbitrary. Therefore, the inaction of the

respondents is declared as illegal, while directing the fourth

respondent/Tahsildar, Kurnool Mandal, Kurnool District to pass

appropriate orders on the E-Seva Application RMU012106326062

dated 06.03.2021, in accordance with law, within thirty days from

the date of this order.

In the result, writ petition is disposed of, directing the fourth

respondent/Tahsildar, Kurnool Mandal, Kurnool District to pass

appropriate orders on the E-Seva Application RMU012106326062

dated 06.03.2021, in accordance with law, within thirty days from

the date of this order. No costs.

Consequently, miscellaneous petitions pending, if any, shall

also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 14.06.2021 SP