Citation : 2021 Latest Caselaw 4524 AP
Judgement Date : 5 November, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.25671 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 4 in deleting the Sy.No. 315 from Website without following the due process of law any notice or opportunity in respect of petitioner patta land in Sy.No.315 an extent of Ac.2.48 cents out of Ac.6.96 cents situated in Pasupula Village fields, Kurnool Mandal, Kurnool District, in Khata No. 20001405 to deprive petitioner in making the online Applications which is illegal unjust arbitrary contrary to the Act and in violation of Articles 14, 16 and 300A of Constitution of India and in violation of principles of natural justice and consequently direct the respondents 2 to 4 herein to consider petitioner representations dated -02-2019, 02-07- 2019 and -10-2020 and re-enter in Revenue Department Website in respect of above subject land further direction to the 4th respondent to restore digital signature to enable petitioner to make application for mutation of revenue records as otherwise petitioner and his family will suffer serious loss and great hardship and pass."
2. Though the petitioner made several allegations against the
respondents, during hearing, learned counsel for petitioner limited
his request to dispose of the representations dated nil-02-2019, 02-
07-2019 and nil-10-2020 made by petitioner, without touching the
merits of the case.
3. Learned Assistant Government Pleader for
Revenue, appearing for respondents readily agreed to dispose of the
representations dated nil-02-2019, 02-07-2019 and nil-10-2020
submitted by the petitioner, if any, pending with the respondent-
authorities.
4. Recording the submissions 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 not serve to the cause of justice. As the learned counsel
for the petitioner himself requested to issue a direction to dispose of
the representations dated nil-02-2019, 02-07-2019 and nil-10-2020
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
respondents to dispose of the representations dated nil-02-2019, 02-
07-2019 and nil-10-2020, submitted by the petitioner and pass
appropriate order in accordance with law, within four (4) weeks from
the date of receipt of copy of this order. No costs.
As a sequel miscellaneous application, pending, if any, shall
also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY
Date: 05.11.2021
AKN
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.25671 OF 2021
Date: 05.11.2021
AKN
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