Andhra Pradesh High Court - Amravati
Kota Sithamma vs The State Of Andhra Pradesh on 2 September, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.18949 OF 2021
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
Respondent no.3 in not initiating any action against the
Respondent no.4 on complaints made by the petitioner on
05.07.2021 and 11.08.2021 by creating false possession
certificate forged the signature of the Revenue officials and
claiming possession before the Hon'ble Courts is illegal,
arbitrary and violation of Articles 14 and 21 of Constitution
of India and consequently direct the Respondent no.3 to take
appropriate action against the Respondent no.4 on complaint
made by the Petitioner on 05.07.2021 and 11.08.2021 and
pass such other order or orders."
2. Though the petitioner made several allegations against the
respondents, during hearing, Sri T.D.Phani Kumar, learned counsel
for the petitioner limited his request to dispose of the
complaints/representations dated 05.07.2021 and 11.08.2021 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
complaints/representations dated 05.07.2021 and 11.08.2021
submitted by the petitioner, if any, pending with the respondent-
authorities.
4. Recording the submissions of the learned 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
2019 (8) SCALE 544
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 petitioner
himself requested to issue a direction to dispose of the
complaints/representations dated 05.07.2021 and 11.08.2021
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
respondents to dispose of the complaints/representations dated
05.07.2021 and 11.08.2021 submitted by the petitioner and conduct
necessary enquiry and take appropriate action thereon, in
accordance with law, within four (4) weeks from the date of receipt of
copy of this order. No costs.
As a sequel miscellaneous application, pending, if any, shall
also stand closed.
_________________________________________
JUSTICE M. SATYANARAYANA MURTHY
Date: 02.09.2021
VSL
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.18949 OF 2021
Date: 02.09.2021
VSL
