Citation : 2021 Latest Caselaw 3568 AP
Judgement Date : 16 September, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.20305 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
Respondent Authorities in not conducting the survey and demarcation of the
Petitioner's land admeasuring Ac 1-53 Cents out of Ac 3-06 Cents situated in R.S.No. 371B of Peddakadaburu Village and Mandal, Kurnool District, pursuant to Petitioner's F-line Application No.FS012101608983, dated 20.07.2021, as illegal, arbitrary, without jurisdiction and violative of principles of natural justice and Articles 14, 19(g) and 300-A of the Constitution of India and consequently direct the Respondent Authorities to conduct the survey and demarcate the Petitioner's land and to pass such other order or orders ....."
2. Though the petitioner made several allegations against
the respondents, during hearing, Sri M.R.K. Chakravarthy, 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 F-line Application No.FS012101608983, dated
20.07.2021 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 F-line Application
No.FS012101608983, dated 20.07.2021 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 Gvl
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.20305 OF 2021
Date : 16.09.2021
Gvl
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