Andhra Pradesh High Court - Amravati
Boya Kamaiah, vs State Of Andhra Pradesh, on 22 June, 2021
THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY
WRIT PETITION NO.9455 OF 2021
ORDER:
This writ petition is filed under Article 226 of the Constitution of India
seeking the following relief:
"to issue a Writ or order or direction more particularly one in the nature
of Writ of Mandamus, declaring the inaction of the respondents more
particularly the 4th respondent in considering and disposing the Online
application No.RMU012106223174 dated 09.02.2021 and FORM 6-A filed
by the petitioner under A.P. Rights in Lands and Pattadar Pass Books
Act, 1981 and rules made there under seeking mutation and for issuance
of title deed-cum-e Pass book in respect of the lands in Sy.No.161 to an
extent of Ac.0.45 cents in Sy.No.160/E to an extent of Ac.0.23 cents,
in Sy.No.187 to an extent of Ac.1.20 cents in Sy.No.189 to an extent of
Ac.0.50 cents, situated at Gudekal Village Yemmiganur Mandal Kurnool
District, as highly illegal arbitrary unjust violative of provisions
of A.P. Rights in Lands and Pattadar Pass Books Act, 1981and Rules
made thereunder and violative of Articles 14 and 300 A of the
Constitution of India and consequently direct the respondents to consider
the Online application No. RMU012106223174 dated 09.02.2021 and
FORM 6(A) filed by the petitioner under A.P.Rights in Lands and Pattadar
Pass Books Act, 1981 and Rules made there under and mutate the name
of the petitioner and issue title deed-cum-e Pass book in respect of the
lands referred above and pass such other order ..."
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 F-Line application dt.09-02-2021
submitted by the petitioner.
Learned Assistant Government Pleader for Revenue readily agreed to
dispose of the F-Line application dt.09-02-2021 of the petitioner, 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
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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 petitioner himself requested to
issue a direction to dispose of the F-Line application dt.09-02-2021
submitted by the petitioner, I find no other alternative except to issue such
direction.
In the result, the writ petition is disposed of, directing the
respondents to dispose of the F-Line application dt.09-02-2021 submitted by
the petitioner, in accordance with law, within four (4) weeks, following due
process of law prescribed under Survey and Boundaries Act. No costs.
As a sequel, miscellaneous petitions pending, if any, shall also stand
closed.
_______________________________
JUSTICE M. SATYANARAYANA MURTHY
Date: 22.06.2021
IS
2019 (8) SCALE 544
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WP_9455_2021
THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY
WRIT PETITION NO.9455 OF 2021
Date: 22-06-2021
IS
