Citation : 2021 Latest Caselaw 4355 AP
Judgement Date : 27 October, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.3922 OF 2017
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 inaction of the respondent Nos.2 to 4 herein for considering the petitionersss representation dated 31.10.2016 for issuance of DKT patta in favour of the petitionersss for the agricultural land extent mentioned in the representation in survey No.387, situated at Peddapanjani Mandal, Chittoor District is illegal and arbitrary and consequently direct the respondent No 4 consider the representation of the petitionersss dated 31.10.2016 for issuance of DKT patta in favour of the petitionersss for the agricultural land extent mentioned in the representation dated 31.10.2016 in survey No.387 situated at Peddapanjani Mandal, Chittoor District and pass such other order or orders."
2. Though the petitioners made several allegations against the
respondents, during hearing, Mr.Chereddy Srinivasa Reddy, learned
counsel for petitioners limited his request to dispose of the
representation dated 31.10.2016 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
representation dated 31.10.2016 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",
2019 (8) SCALE 544
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 31.10.2016 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 4 to dispose of the representation dated
31.10.2016, 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
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.3922 OF 2017
Date: 27.10.2021
VSL
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