Citation : 2021 Latest Caselaw 4435 AP
Judgement Date : 2 November, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.25327 OF 2021
ORDER:
This 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 nature of writ of Mandamus declaring the action of 3rd Respondent /Tahsildar in not considering the Representation Dt.26.08.2021 for grant of D- Form Patta in the name of petitioner in respect of agricultural land Ac.3.00 cents in Sy.No.63 situated at Ramavaram Village, Anandapuram Mandal, Visakhapatnam District as illegal, arbitrary besides violative of Article 300-A of the Constitution of India, consequently direct the 3rd Respondent/ Tahsildar to consider the Application Dt.26.08.2021 for grant of D-Form Patta and mutate the name of the petitioner as pattadar of the above agricultural land and issue Pattadar Pass Book and Title Deed and to pass such other orders".
2. Though the petitioner made several allegations against the
respondents, during the course of hearing learned counsel for the
petitioner Sri Jithender Rao Veeramalla, requested this Court without
touching the merits of the case, to issue a direction to the
respondents to dispose of the representation dated 26.08.2021
submitted by the petitioner.
3. Learned Assistant Government Pleader for Revenue appearing
for respondents readily agreed to dispose of the representation dated
26.08.2021 submitted by the petitioner, if any pending with the
respondent authorities.
4. In view of the submission of learned Assistant Government
Pleader for Revenue, appearing for respondents, I need not decide the
truth or otherwise of the allegations made in the petition.
5. 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 serve to the cause of
justice. As the learned counsel for the petitioner himself requested to
issue a direction to dispose of the representation dated 26.08.2021
submitted by the petitioner, I find no other alternative except to issue
such direction.
6. With the above direction, the Writ Petition is disposed of,
directing the 3rd respondent to dispose of the representation dated
26.08.2021 submitted by the petitioner, if any, pending with the
respondent authorities, in accordance with law, within four (04)
weeks from today. No costs.
As a sequel, miscellaneous applications pending, if any, shall
also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY
Date: 02.11.2021
sj
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.25327 OF 2021
Date: 02.11.2021
sj
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