Citation : 2021 Latest Caselaw 2146 AP
Judgement Date : 25 June, 2021
THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY
WRIT PETITION NO.12069 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 4th respondent in not deciding petitioner's application dated 05.05.2021 submitted through AP Online for rectification of online entries in 1-B(ROR) and Adangal Pahani connected to her agricultural land of Ac.1.48 cents in Sy.No.44/1 of Rallapadu Revenue Village in Lingasamudram Mandal of Prakasam District and for granting E-Pattadar Pass Book and Title Deed in conformity thereof, as illegal, irregular, irrational and amounts to non-discharge of legal obligation conferred under the provisions of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 and rules framed there under and offends Articles 14 and 21 of Constitution of India and consequently direct the 4th respondent to mutate petitioner's name in all Web land Record of Rights in conformity with her Pattadar Passbook and Title Deed 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 A.P. Online
Application No.ADLC012108022923 dated 05.05.2021 submitted by
the petitioner.
Learned Assistant Government Pleader for Revenue readily
agreed to dispose of the A.P. Online Application
No.ADLC012108022923 dated 05.05.2021 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 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
A.P. Online Application No.ADLC012108022923 dated 05.05.2021
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 A.P. Online Application No.
ADLC012108022923 dated 05.05.2021 submitted by the petitioner,
in accordance with law, within thirty (30) days, 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: 25.06.2021
Ivd
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY
WRIT PETITION NO.12069 OF 2021
Date: 25-06-2021
Ivd
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