Citation : 2021 Latest Caselaw 3454 AP
Judgement Date : 9 September, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.19914 OF 2021
ORDER:
This writ petition is filed under Article 226 of the Constitution
of India seeking the following relief:
"to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of mandamus, declaring the action of the 4 th respondent in not completing the enquiry initiated vide proceedings in R.C. No.194/2021-B with regard to the illegal entry of the names of the respondents 5 and 6 in respect of the land being an extent of Ac.1.34 cents in Sy.No.394 of Ankireddipalem VillagE, Guntur District and in issuing the pattadar pass books and title deed therefor without following the procedure contemplated under the provisions of the A.P.Rights in Land and Pattadar Pass Books Act and Rules framed thereunder as illegal arbitrary against the principles of natural justice and violation of Articles 14 and 300A of the Constitution of India and consequently direct the 4th respondent to complete the enquiry and pass orders restoring the name of the petitioner in the revenue records in respect of the above land within a time bound programmeand pass such other order or orders '.
The case of the petitioner is that the husband of the petitioner
inherited the land to an extent of Ac.1.34 cents in Sy.No.394 situated
at Ankireddipalem Village, Guntur District. The petitioner name is
entered in the revenue records and she has also been given Khata
accountnumber "1771" in respect of the subject land................
Though the petitioner made several allegations against the
respondents, during hearing, learned counsel for the petitioner
requested this Court without touching the merits of the case,
requested this Court to issue a direction to the respondents to
dispose of the representation of the petitioners dated 11.11.2019.
Learned Assistant Government Pleader for Revenue readily
agreed to dispose of the representation of the petitioner dated
11.11.2019, if any, pending with the respondents authorities.
In view of the submission 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 or easy disposal of
cases in overburdened adjudicatory institutions. But, they do not
service to the cause of justice. As the learned counsel for the
petitioner himself requested to issue a direction to dispose of the
representation dated 11.11.2019 of the petitioner, I find no other
alternative except to issue such direction.
In the result, the writ petition is disposed of, directing the
respondent authorities to dispose of the representation of the
petitioner dated 11.11.2019, in accordance with law, within four(4)
weeks from today. No costs.
The miscellaneous petitions pending, if any, shall also stand
closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY
Date: 09.09.2021 klpd
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.6435 OF 2020
Date: 09-09-2021 Klpd
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