Citation : 2021 Latest Caselaw 4539 AP
Judgement Date : 8 November, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.25838 OF 2021
ORDER:
This writ petition is filed under Article 226 of the Constitution
of India seeking the following relief:-
"....to issue Writ order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of 2nd respondent in not taking any steps for deletion/de-notify petitioner's property in an extent fo Ac.3.99 cents in Sy.No.326-2C, an extent of Ac.1.35 cents in Sy.No.326-1C and an extent of Ac.1.08 cents in Sy.No.326- 1B of Moda Village, Parigi Mandal, Anantapur District from prohibited list notified under Section 22-A(1) by considering G.O.Ms.No.575, dated 16.11.2018, Revenue (Assigned-1) Department though the 3rd respondent herein made recommendation for deletion of above said property from the purview of Section 22-A of the Registration Act, 1908 vide his proceedings in RC.No.1800/2019/D, dated 06.08.2020 in pursuance to the petitioner's online Application No.TTA01200052720, dated 26.06.2020 and further action of respondent Nos.5 and 6 in declining to receive and accept sale deed presented by the petitioner in respect of said land by relying on the prohibition list furnished by 2nd respondent, as illegal, arbitrary, violative of G.O.Ms.No.575, dated 16.11.2018, Revenue (Assigned-I) Department, violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the 2nd respondent to delete/de-notify the aforesaid land of petitioner from prohibited list with further direction to the 5th and 6th respondents to receive, admit the sale deed sought to be presented by the petitioner in respect of above said land for registration and release the same and pass such other order ..."
2. Though the petitioner made several allegations against the
respondents, during hearing, Sri P.Narahari Babu, learned counsel
for the petitioner limited his request to dispose of the online
Application No.TTA01200052720, dated 26.06.2020, submitted by
the petitioner through Mee-Seva, without touching the merits of the
case.
3. Learned Assistant Government Pleader for Revenue-cum-
Stamps and Registration appearing for respondents readily agreed to
dispose of the online Application No.TTA01200052720, dated
26.06.2020 submitted by the petitioner through Mee Seva, if any,
pending with the respondent-authorities.
4. Recording the submissions of the learned Government Pleader
for Revenue-cum-Stamps and Registration, 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 petitioner himself requested to
issue direction to dispose of online Application No.TTA01200052720,
dated 26.06.2020 submitted by the petitioner through Mee Seva,
I find no other alternative, except to issue such direction.
5. In the result, the Writ Petition is disposed of, directing the
respondent authorities to dispose of the online Application
No.TTA01200052720, dated 26.06.2020 submitted by the petitioner
through Mee Seva, in accordance with law, within two (02) months
from the date of receipt of a copy of this order. No costs.
As a sequel, miscellaneous application, pending, if any, shall
also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY
Date: 08.11.2021
IS
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.25838 OF 2021
Date: 08.11.2021
IS
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