Andhra Pradesh High Court - Amravati
Parre Pitchaiah vs The State Of Ap on 23 June, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.741 OF 2020
ORDER:
This writ petition is filed under Article 226 of the Constitution
of India seeking the following relief:-
"......to issue a writ of Mandamus, declaring the action of the
2nd respondent in not deciding petitioners Appeal Petition filed in the
year 2018 under Section 5(B) of the Andhra Pradesh Rights in Land
and Pattadar Passbooks Act, 1971 and rules framed there under for
issue of e-Pattadar Passbook and Title Deeds and for mutation of his
name in all online Web Land Revenue Records being maintained by
the 3rd respondent in respect of his agricultural land admeasuring
Ac.5.00 cents covered by R.S.No.225/I4 situated in Kalavalla
Revenue Village, Voletivaripalem Mandal of Prakasam District, as
illegal irregular irrational and amounts to non-discharge of legal
obligation conferred on the 2nd respondent under the provisions of
aforesaid statute and offends Article 14 of Constitution of India and
consequently direct the 2nd respondent to decide his pending Appeal
Petition filed in the year 2018 in accordance with law and pass such
other order..."
2. Though the petitioner made several allegations against the
respondents, during hearing, Sri Sarath Kumar, learned counsel for
the petitioner limited his request to dispose of Appeal
No.4598 of 2018 pending before the 2nd respondent, without
touching the merits of the case.
3. Learned Government Pleader for Revenue appearing for the
respondents readily agreed to dispose of the appeal, if any, pending
with the respondent-authorities.
4. Recording the submissions made by 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 no
service to the cause of justice. As the learned counsel for the
petitioner himself requested to issue a direction to dispose of the
appeal pending before the 2nd respondent, I find no other alternative,
except to issue such direction.
5. In the result, the Writ Petition is disposed of, directing the
2nd respondent to dispose of the appeal pending before him, in
accordance with law, within a month from today. No costs.
As a sequel miscellaneous application, pending, if any, shall
also stand closed.
__________________________________________
JUSTICE M. SATYANARAYANA MURTHY
Date: 23.06.2021
IS
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.741 OF 2020
Date: 23.06.2021
IS
