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Hariyapuraju Kesava Nagaraja Rao vs The State Of Andhra Pradesh
2021 Latest Caselaw 3925 AP

Citation : 2021 Latest Caselaw 3925 AP
Judgement Date : 5 October, 2021

Andhra Pradesh High Court - Amravati
Hariyapuraju Kesava Nagaraja Rao vs The State Of Andhra Pradesh on 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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