Andhra Pradesh High Court - Amravati
B. Jaya Chandra Reddy vs The State Of Andhra Pradesh on 23 September, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.21031 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 declaring the action of the 2nd respondent
in not deleting the Petitioner's land to an extent of Ac.3.15 cents in
Survey No.28-2b (Old Survey No 28-2) of Magecheruvu Village
Somandepalle Mandal Anantapur District in pursuance to the
petitioner Online Application No. TTA011900044694 Dated 20.11.2019
from prohibited list under Section 22-A (1) (e) by considering G.O.Ms.
No.575 dated 16.11.2018 Revenue (Assigned-I) Department and the
further action of the respondent Nos. 4 and 5 in decline to receive and
accept the sale deed presented by the petitioner in respect of above
said land by relying on the prohibition list furnished by the 2nd
respondent as illegal, arbitrary and violative of G.O.Ms. No.575 dated
16.11.2018 Revenue (Assigned-I) Department and violative of Article
14, 21, 300A of Constitution of India and consequently direct the 2nd
respondent to delete the aforesaid land of the petitioner from the
prohibited list with the further direction to the 4th and 5th respondents
to receive admit the sale deed sought to be presented by the petitioner
in respect of above said land for registration and release the same and
pass such other orders...".
2. Though the petitioner made several allegations against the
respondents, during hearing, learned counsel for the petitioner
limited his request to dispose of the Online Application
No.TTA011900044694, Dated 20.11.2019, submitted by the
petitioner, without touching the merits of the case.
3. Learned Assistant Government Pleader for Stamps and
Registration appearing for respondents readily agreed to dispose of
the Online Application No.TTA011900044694, Dated 20.11.2019
submitted by the petitioner, if any, pending with the respondent
authorities.
4. Recording the submissions of the learned Government Pleader
for Stamps and Registration, 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
serve to the cause of justice. As the learned counsel for the petitioner
himself requested to issue a direction to dispose of the Online
Application No.TTA011900044694, Dated 20.11.2019 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
respondent authorities to dispose of the Online Application
No.TTA011900044694, Dated 20.11.2019 submitted by the petitioner,
in accordance with law, within two (02) months from the date of
receipt of a copy of this order. No costs.
As a sequel, miscellaneous application, pending, if any, shall
also stand closed.
_________________________________________
JUSTICE M. SATYANARAYANA MURTHY
Date: 23.09.2021
sj
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.21031 OF 2021
Date: 23.09.2021
sj
