Andhra Pradesh High Court - Amravati
Palli Satyanarayana vs The State Of Andhra Pradesh on 29 June, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.1230 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 the
Respondents 2 to 5 more particularly the 4th Respondent i.e., the
Project Officer ITDA in seeking to include the name of the
6th Respondent in the records of the Government showing that
the part of land forming Survey Nos.23, 30 and 33 situated at
Kondalampalem Village, Gangavaram Mandal, East Godavari
District belongs to her and consequential action of the
Respondents 2 to 4 in including her name in the Revenue Records
without even verifying the ground realities or the facts through
conduct of a detailed enquiry and thereby depriving the Petitioner
of his legitimate share in the said land which has been allotted to
his father being the Tribal poor by the Revenue authorities as
being arbitrary illegal and violating Articles 14, 16 and 21 of the
Constitution of India and also in contravention of the Tribal
Welfare Act and the Rules framed there under and consequently
direct the Respondents 2 to 4 to remove the name of the 6th
respondent from revenue records pending enquiry and further
direct Respondents 3 to 5 to conduct a detailed enquiry and open
survey in respect of the lands forming part of Survey Nos.23, 30
and 33 situated at Kondalampalem Village, Gangavaram Mandal,
East Godavari District and issue such other order."
2. Though the petitioner made several allegations against the
respondents, during hearing, Sri M.Srivijay, learned counsel for the
petitioner limited his request to direct the 4th respondent to dispose
of the representation, dated 04.01.2021 submitted by the petitioner,
without touching the merits of the case.
3. Learned Assistant Government Pleader for Revenue appearing
for respondents 1 to 4 and Sri P.Durga Prasad, learned Standing
Counsel for ITDA appearing for the 5th respondent readily agreed to
dispose of the representation, dated 04.01.2021 submitted by the
petitioner, if any, pending with the respondent-authorities.
4. Recording the submissions of the learned Government Pleader
for Revenue and learned Standing Counsel for ITDA, 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 the 4th respondent to dispose of the
representation, dated 04.01.2021 submitted by the petitioner, I find
no other alternative, except to issue such direction.
5. In the result, the Writ Petition is disposed of, directing the
4th respondent to dispose of the representation, dated 04.01.2021
submitted by the petitioner, in accordance with law, within
four (04) weeks from today, giving opportunity the 6th respondent
Smt.Palli Lakshmi, W/o Venkanna. No costs.
As a sequel miscellaneous application, pending, if any, shall
also stand closed.
_________________________________________
JUSTICE M. SATYANARAYANA MURTHY
Date: 29.06.2021
IS
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.1230 OF 2021
Date: 29.06.2021
IS
