Andhra Pradesh High Court - Amravati
Smt. K.Indira vs The State Of Andhra Pradesh on 16 September, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.20298 OF 2021
ORDER:-
This writ petition is filed under Article 226 of the
Constitution of India seeking the following relief:
"......pleased to issue a writ of Mandamus declaring the action of the 2nd
respondent herein in not consider the e-seva application dated 11.08.2021 in
application No. TTA012100073477 as well as representation dated 26.07.2021
requested to delete the petitioner's approved residential plots from the prohibitory list
under sec 22A(1)(A) of Registration Act and also issue of NOC with reference to her
residential plots bearing No.30 and 31 admeasuring 800 sq. yards or 669.14 sq
meters or 0-16 ½ cents in part and parcel of Sy.No.99 situated in 9th ward,
Tiruchanuru Gramapanchayat, Daminedu village accounts Tirupati Rural Mandal,
Chittoor District, having purchased the same from its owner by way of registered
sale deed dated 01.02.2007 vide regd.document 673 of 2007 despite she obtained
the approval of the plots from the Tirupati Urban Development Authority vide order in
D.Dis. LRS.No. 558/2008, dated 30.07.2012, as wholly arbitrary, illegal, without
jurisdiction, void and violated the principles of natural justice and affected the
petitioner rights guaranteed under Article 14, 19(1)(g) and 300-A of the Constitution
of India and consequently direct the respondent No.2 herein to consider the e-seva
application dated 11.08.2021 in application No. TTA012100073477 as well as
representation dated 26.07.2021 requested to delete her approved residential plots
from the prohibitory list under sec 22A(1)A9 )of Registration Act and also issue of
NOC with reference to her residential plots bearing No.30 and 31 admeasuring 800
sq yards or 669.14 sq meters or 0-16 ½ cents in part and parcel of Sy No.99
situated in 9th ward, Tiruchanuru Gramapanchayat, Daminedu village accounts,
Tirupati Rural Mandal, Chittoor District, and pass such other order or orders ....."
2. Though the petitioner made several allegations against
the respondents, during hearing, Sri V. Eswaraiah Chowdary,
learned counsel for the petitioner, requested this Court, without
touching the merits of the case, to issue a direction to the
respondents to dispose of the e-seva application dated 11.08.2021
in application No. TTA012100073477 as well as representation
dated 26.07.2021 submitted by the petitioner.
3. Learned Assistant Government Pleader for Revenue
appearing for the respondents readily agreed to dispose of the
application/representation of the petitioner, if any, pending with
the respondent authorities.
4. In view of the submission of the learned Assistant
Government Pleader, 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 case of 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 the respondents to dispose of the e-seva application
dated 11.08.2021 in application No. TTA012100073477 as well as
representation dated 26.07.2021 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
the respondents to dispose of the e-seva application dated
11.08.2021 in application No. TTA012100073477 as well as
representation dated 26.07.2021 submitted by the petitioner, in
accordance with law, within a period of four (4) weeks from today.
There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this Writ Petition
shall stand closed.
_________________________________________
JUSTICE M.SATYANARAYANA MURTHY
Date : 16-09-2021
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2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.20298 OF 2021
Date : 16.09.2021
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