Citation : 2021 Latest Caselaw 3925 AP
Judgement Date : 5 October, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.22462 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 the respondents in not considering the representation of the petitioners dated 21.09.2021 in conducting enquiry as contemplated U/s. 5(1) of the Andhra Pradesh Rights in Land and Pattadar passbooks Act, 1971 in respect of a land located in Sy. No.1010/2 of RangaSamudram Village fields Perumamilla Mandal, YSR District to an extent of Ac.3.94 cents as illegal, arbitrary and violation of principles of natural justice and also Article 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents not to mutate any of the revenue records in favour of 5th respondent without following due process of law the and to pass such other orders".
2. Though the petitioners made several allegations against the
respondents, during the course of hearing learned counsel for the
petitioners Sri Jada Sravan Kumar, requested this Court without
touching the merits of the case, to issue a direction to the
respondents to dispose of the representation dated 21.09.2021
submitted by the petitioners.
3. Learned Assistant Government Pleader for Revenue appearing
for respondents readily agreed to dispose of the representation dated
21.09.2021 submitted by the petitioners, 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 petitioners himself requested
to issue a direction to dispose of the representation dated 21.09.2021
submitted by the petitioners, I find no other alternative except to
issue such direction.
6. In the result, Writ Petition is disposed of, directing the
respondent authorities to dispose of the representation dated
21.09.2021 submitted by the petitioners, 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: 05.10.2021
sj
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.22462 OF 2021
Date: 05.10.2021
sj
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