Citation : 2021 Latest Caselaw 3881 AP
Judgement Date : 1 October, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.22251 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 respondent Nos. 2 and 3 in not deleting the Survey Nos. 207-2B, 207-2C and 207-1 in respect to the land admeasuring Ac.4.95 cents situated at Chilamathur Village and Mandal, Anantapuram District from the prohibitory properties list under Section 22-A of The Indian Registration Act 1908 in pursuance of the G.O.Ms.No 279 dated 04.07.2016 as illegal, arbitrary, against law and consequently direct the 2nd and 3rd respondents to delete the subject survey numbers from the prohibitory list on the file of the 4th and 5th respondents office to enable the petitioner to transfer the land in favour of aid parties and pass such other orders...."
2. Though the petitioner made several allegations against the
respondents, during hearing, learned counsel for the petitioner
limited his request to dispose of the A.P.Online Application No.
TTA012100068327 Dated 17.04.2021 submitted by the petitioner,
without touching the merits of the case.
3. Learned Assistant Government Pleader for Stamps and
Registration appearing for respondents readily agreed to dispose of
the application A.P.Online Application No. TTA012100068327 Dated
17.04.2021 submitted by the petitioner, if any, pending with the
respondent authorities.
4. Recording the submissions of the learned Government
Pleader for 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 not serve to the cause of justice. As the learned counsel
for the petitioner himself requested to issue a direction to dispose of
the A.P.Online Application No. TTA012100068327 Dated 17.04.2021
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
respondent authorities to dispose of the A.P.Online Application No.
TTA012100068327 Dated 17.04.2021 submitted by the petitioner, 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: 01.10.2021
KK
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.22251 OF 2021
Date: 01.10.2021
KK
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