Andhra Pradesh High Court - Amravati
Chamarthi Vasundara, vs The State Of Andhra Pradesh, on 6 September, 2021
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.19391 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 that the inaction on the part of
the 3rd respondent in disposing of petitioner representation dated
30.12.2020 made by the petitioner in respect of Revenue records
belonging to the land over an extent of Ac.0.29 Cents in Sy.No.122/2,
an extent of Ac. 0.92 Cents in Sy.No 122/3 an extent of Ac. 0.55
cents in Sy.No.122/4, an extent of Ac 0.53 cents in Sy.No.122/5 and
an extent of Ac.0.47 Cents in Sy.No.122/6 of Agricultural land
situated at A.M.Puram @ Abbikandriga Village Accounts,
Vadamalapeta Mandal, Chittoor District, Andhra Pradesh, is illegal,
arbitrary, improper, unjust, Contrary to the rights in Land and
Pattadhar Pass Books Act, 1971 and The Andhra Pradesh Records of
Rights in Land and Pattadhar Pass Book Rules, 1989, violative of
Articles 14, 21 and 300-A of Constitution of India and consequently
direct the 3rd respondent not to give any Pattadhar Pass books and
title deeds to any other individual and pass such other orders...."
2. Though the petitioner made several allegations against the
respondents, during the course of hearing learned counsel for the
petitioner requested this Court to issue a direction to the respondents
to dispose of the representation dated 30.12.2020 submitted by the
petitioner, without touching the merits of the case.
3. Learned Government Pleader for Revenue appearing for
respondents readily agreed to dispose of the representation dated
30.12.2020 submitted by the petitioner, if any, pending with the
respondent authorities.
4. In view of the submission of Government Pleader for Revenue
appearing for respondents, I need not decide the truth or otherwise of
the allegations made in the petition.
5. 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 be
passed 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 representation dated 30.12.2020 submitted
by the petitioner, I find no other alternative except to issue such
direction.
6. In the result, Writ Petition is disposed of, directing the 3rd
respondent/ Tahsildar to dispose of representation dated 30.12.2020
submitted by the petitioner, in accordance with law, within four (04)
weeks from today, till then both the parties are directed to maintain
status-quo as on date. No costs.
As a sequel, miscellaneous applications pending, if any, shall
also stand closed.
_________________________________________
JUSTICE M. SATYANARAYANA MURTHY
Date: 06.09.2021
KK
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.19391 OF 2021
Date: 06.09.2021
KK
