Smt M. Maheswari vs State Of Andhra Pradesh
2021 Latest Caselaw 4354 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                 WRIT PETITION NO.18285 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 more particularly the action of the 4th respondent in not issuing possession certificates to the petitioners on enquiry by considering the representation dated 02.04.2016 of the petitioners in Sy.No.280/1, Thiruchanoor Village, Tirupati Rural Mandal, Chittoor District besides interfering with their possession is illegal, arbitrary, unjust, violation of principles of natural justice besides violation of Article 14 of the Constitution of India and consequently direct the 4th Respondent to consider the representation dated 02.04.2016 of the petitioners for issuing possession certificates to the petitioners by conducting an enquiry forthwith and pass such other order or orders."

2. Though the petitioners made several allegations against the

respondents, during hearing, Mr.Kurra Srinivas, learned counsel for

the petitioners limited his request to dispose of the representation

dated 02.04.2016 made by the petitioners, without touching the

merits of the case.

3. Learned Assistant Government Pleader for

Revenue, appearing for respondents readily agreed to dispose of the

representation dated 02.04.2016 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 representation dated 02.04.2016 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 the 4th

respondent to dispose of the representation dated 02.04.2016 as per

G.O.Ms.No.166, dated 16.02.2008, 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.18285 OF 2016

Date: 27.10.2021

VSL