Order vs Unknown
2021 Latest Caselaw 4349 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                  WRIT PETITION NO.39675 OF 2016
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 Nos.2 to 5 in not considering the representations dated 24.09.2016, 26.09.2016 for rectification of entries as well as for cancellation of fictitious documents issued in favour of the third parties in respect of the land in Sy.No.1100/3 admeasuring Ac.11-52 cents of Yenamadala Village, Prattipadu Mandal, Guntur District as illegal, null and void and for a consequential order directing the respondents Nos.2 to 5 to consider the representations dated 24.09.2016, 26.09.2016 for rectification of entries as well as for cancellation of fictitious documents issued in favour of the third parties in respect of the land in Sy.No.1100/3 admeasuring Ac.11-52 cents of Yenamadala Village, Prattipadu Mandal, Guntur District forth and pass such other order or orders."

2. Though the petitioners made several allegations against the

respondents, during hearing, Mr.Challa Dhanamjaya, learned

counsel for petitioners limited his request to dispose of the

representations dated 24.09.2016 and 26.09.2016 made by

petitioners, 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 24.09.2016 and 26.09.2016 submitted by the

petitioners, 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 petitioners himself requested to issue a direction to dispose of

the representations dated 24.09.2016 and 26.09.2016 submitted by

the petitioners, I find no other alternative, except to issue such

direction.

5. In the result, the Writ Petition is disposed of, directing

respondent Nos.2 to 5 to dispose of the representations dated

24.09.2016 and 26.09.2016, submitted by the petitioners and pass

appropriate order in accordance with law, within eight (8) weeks from

the date of receipt of copy of this order, if it is pending. No costs.

As a sequel miscellaneous application, pending, if any, shall

also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 27.10.2021

VSL

2019 (8) SCALE 544

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.39675 OF 2016

Date: 27.10.2021

VSL