Citation : 2021 Latest Caselaw 4509 AP
Judgement Date : 3 November, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.24105 OF 2020
ORDER:-
This Writ Petition is filed under Article 226 of the
Constitution of India, seeking the following relief/s:-
"... to issue a Writ, order or direction more particularly
one in the nature of writ of Mandamus directing the
respondents to consider the representation of the
petitioners dated 14.02.2020 for allotment of a house plots/pattas in the identified lay out in Sy No.186/1, 187/2, 3, 4, 5, 6 and 7 of Alamanda Village, Jami Revenue Mandal, Vizianagaram District and pass appropriate orders in accordance with law in the interest of justice and and pass such other or orders ..."
2. The case of the petitioners is that they are agricultural
labourers and living below the poverty line, having no house
or house site or any other agricultural land in their name.
The petitioners are eligible for grant of house site pattas for
construction of their own houses. The government has
identified land in different survey numbers of Alamanda
Village, Jami Revenue Mandal, Vizianagaram District and laid
a lay out for distribution of house plots in Alamanda Village.
In the said process, the government has prepared list of 174
beneficiaries for allotment of house plots. The petitioners
submit that their names were not found in such beneficiaries
list and most of the identified persons are already having
houses of their own allotted by the government earlier and
constructed houses under various schemes of the
government. The petitioners made representation dated
14.02.2020 to the respondents for consideration of their
legitimate request for allotment of house plots. So far, the
request has not been considered. Now as the government has
identified land in Survey Nos.186/1, 187/2, 3, 4, 5, 6 and 7
of Alamanda Village, Jami Revenue Mandal, Vizianagaram
District and laid a lay out for distribution of house plots to
the landless poor, the present Writ Petition is filed.
3. Heard learned counsel for the petitioners and learned
Assistant Government Pleader for Revenue.
4. No counter filed by the respondents.
5. Though the petitioners made several allegations against
the respondents, during hearing, learned counsel for the
petitioners requested this Court, without touching the merits
of the case, to issue a direction to the respondents to dispose
of the representation dated 14.02.2020 in accordance with
law.
6. Learned Assistant Government Pleader for Revenue,
readily agreed to dispose of the representation of the
petitioners, dated 14.02.2020 if any, pending with the
authorities.
7. In view of the submission of the learned Assistant
Government Pleader, I need not decide the truth of 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
2019 (8) SCALE 544
service to the cause of justice. As the learned counsel for the
petitioners himself requested to issue a direction to dispose of
the representation dated 14.02.2020, I find no other
alternative except to issue such direction.
6. In the result, the Writ Petition is disposed of, at the
stage of admission, with the consent of both counsel,
directing the respondents to dispose of the representation
dated 14.02.2020, in accordance with law, within eight (8)
weeks from the date of receipt of copy of this order. No costs.
The miscellaneous petitions pending, if any, shall stand
closed.
_________________________________________ JUSTICE M.SATYANARAYANA MURTHY
Date : 03-11-2021
EPS
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.24105 OF 2020
Date : 03-11-2021
EPS
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