Citation : 2021 Latest Caselaw 3373 AP
Judgement Date : 6 September, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.18925 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
a) declaring the action of the respondents in amending the entries in the concerned revenue records showing the land (1) Ac.1.74 cts in S.No. 1 of Devarampadu Village (2) Ac.11.87 cts in Sy.No. 176 and (3) Ac.8.38 cts in Sy.No.178, Kanuparthy Village, Naguluppalapadu Mandal, Prakasam District, as Government land as illegal and violative of Article 14 and 300A of the Constitution of India, besides being violative of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971;
b) directing to update/amend the entries in the concerned revenue records showing the name of the petitioner in respect of (1) Ac.1.74 cts in S.No. 1 of Devarampadu Village, (2) Ac.11.87 cts in Sy.No.176 and (3) Ac.8.38 cts in Sy.No. 178, Kanuparthy Village, Naguluppalapadu Mandal, Prakasam District within a time bound programme 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 23.04.2021 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
23.04.2021 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 23.04.2021 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
respondents 2 and 3 to dispose of representation dated 23.04.2021
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. 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.18925 OF 2021
Date: 06.09.2021
KK
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