Citation : 2021 Latest Caselaw 4356 AP
Judgement Date : 27 October, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.2363 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 action of the 3rd respondent in not taking any action on the representation made by the petitioner dated 3.6.2015 for issuance of D.K.T patta in favour of the petitioner on the other hand trying to allot the same to the third parties in respect of the land an extent of Ac.3.41 cents situated at Sy.No.1246-1, 1246-2 and 1246-3 of Konduvaripalli village, B.Mattam Mandal, YSR Kadapa District is illegal, arbitrary, unconstitutional and violation of Articles 14, 21 and 300A of the Constitution of India and consequently direct the respondent No.3 to consider the representation of the petitioner dated 3.6.2015 and pass such other order or orders."
2. Though the petitioner made several allegations against the
respondents, during hearing, Mr.K.Mallikharjuna Moorthy, learned
counsel for the petitioner limited his request to dispose of the
representation dated 03.06.2015 made by the petitioner, 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 03.06.2015 submitted by the petitioner, 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
2019 (8) SCALE 544
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 petitioner himself requested to issue a direction to dispose of
the representation dated 03.06.2015 submitted by the petitioner, I
find no other alternative, except to issue such direction.
5. In the result, the Writ Petition is disposed of, directing the
respondents to dispose of the representation dated 03.06.2015,
submitted by the petitioner 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.2363 OF 2017
Date: 27.10.2021
VSL
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