Andhra Pradesh High Court - Amravati
Vignana Bharathi Educational ... vs The State Of Andhra Pradesh, on 13 September, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.19961 OF 2021
ORDER:
This petition is filed under Article 226 of the Constitution of
India seeking the following relief:-
"....to issue a Writ of Mandamus, declaring the action of
respondents 1 to 5 herein in not conducting detailed enquiry in
respect of land in Sy.No.585 admeasuring an extent of Ac.4.50 cents
situated at Thimmanapatnam village, Chillakur mandal,
SPSR Nellore District where under 7th respondent herein by creating
false and fabricated patta and trying to obtain compensation from
6th respondent in Chennai-Bangalore Industrial Corridor (CBIC)
Project in spite of representation, dated 02.07.2021 and
representation/request notice, dated 08.07.2021, as illegal,
arbitrary, opposed to principles of Law and consequently direct
respondents 1 to 6 herein to conduct detailed enquiry about the
genuineness of patta alleged to be held by 7th respondent by
cancelling the same and pass such other order..."
2. Though the petitioners made several allegations against the
respondents, during hearing, Smt.K.Pallavi, learned counsel for
petitioner limited her request to dispose of representation, dated
02.07.2021 pending before respondent authorities, without touching
the merits of the case.
3. Learned Government Pleader for Revenue appearing for
respondents readily agreed to dispose of the representation, dated
02.07.2021, if any, pending with the respondent-authorities.
4. Recording the submissions made by 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
Court held that such orders may make for a quick or easy disposal of
cases in overburdened adjudicatory institutions. But, they do no
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 02.07.2021 pending before respondent
authorities, I find no other alternative, except to issue such direction.
5. In the result, the Writ Petition is disposed of, directing
respondents 2 to 5 to dispose of the representation, dated 02.07.2021
pending before them, in accordance with law, after affording
reasonable opportunity to effected parties, within four (04) weeks
from the date of a 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: 13.09.2021
IS
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.19961 OF 2021
Date: 13.09.2021
IS
