Sarilla Mahalaxmi vs The State Of Andhra Pradesh
2021 Latest Caselaw 2059 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY


               WRIT PETITION NO.10356 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 preferably a Writ in the nature of Mandamus declaring the inaction of the respondent Nos.3 and 4 in not assessing the land and levy tax/cess of the agricultural wet land in survey No.13 to an extent of Ac.0-80 cents of Tadivennu village of Kruthivennu Mandal of Krishna District which is in petitioner's possession and enjoyment in violation of the petitioner's right under Article 14, 21 of the Constitution of India besides violation of revenue and tax laws consequently direct the respondent No.3 to assess and levy tax/cess of the agricultural wet land in survey No.13 to an extent of Ac.0-80 cents of Tadivennu village of Kruthivennu Mandal of Krishna District which is in petitioner's possession and enjoyment."

2. Though the petitioner made several allegations against

the respondents, during hearing, the 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 06.09.2020.

3. Learned Government Pleader for Revenue readily agreed

to dispose of the representation of the petitioner if any, pending

with the respondents authorities.

4. In view of the submission 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 service to the cause of justice. As

the learned counsel for the petitioner himself requested to

dispose of the representation of the petitioner, dated

06.09.2020, I find no other alternative except to issue such

direction.

5. In the result, the Writ Petition is disposed of, directing the

respondent authorities to dispose of the representation of the

petitioner, dated 06.09.2020, in accordance with law, within

four (4) weeks from today. There shall be no order as to costs of

the Writ petition.

The miscellaneous petitions pending, if any in the Writ

Petition, shall also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 21.06.2021

MP

2019 (8) SCALE 544