Andhra Pradesh High Court - Amravati
S.Renuka Devi, vs The State Of Andhra Pradesh on 24 September, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.21339 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 inaction on the part of the respondent No 2 in
disposing of the Claim Petition No.APDL012100192981
dated 02.03.2021 submitted by the petitioner under
Section 6 of the Andhra Pradesh Dotted Lands (Updation in
Resettlement Register) Act, 2017 for the land in an extent
of Ac.0.74 cents in Sy.No.451 of Utukuru Village Fields,
Chintakommadinne Mandal, Y.S.R District, as arbitrary,
illegal, contrary to the provisions of the Andhra Pradesh
Dotted Lands (Updation in Resettlement Register) Act, 2017
and abdication of the statutory duty cast on him apart
from being violative of the fundamental and constitutional
rights guaranteed to the petitioner under Articles 14, 19,
21 and 300-A of the Constitution of India and consequently
direct respondent No.2 to delete the land in an extent of
Ac.0.74 cents in Sy.No.451 of Utukuru Village Fields,
Chintakommadinne Mandal, Y.S.R District from the
Prohibitory Lands List communicated by the respondent
No.2 under Section 22-A of the Registration Act, 1908 by
considering the Claim Petition No.APDL012100192981,
dated 02.03.2021 submitted by the petitioner and pass
such other order..."
2. Though the petitioner made several allegations against the
respondents, during hearing, Sri V.R. Reddy Kovvuri, learned
counsel for petitioner limited his request to dispose of the Claim
Petition No.APDL012100192981, dated 02.03.2021 of the petitioner,
without touching the merits of the case.
3. Learned Assistant Government Pleader for Revenue appearing
for respondents readily agreed to dispose of the Claim Petition
No.APDL012100192981, dated 02.03.2021 of the petitioner, if any,
pending with the respondent-authorities.
4. Recording the submissions 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 no service to the cause of justice. As the learned
counsel for the petitioner himself requested to issue a direction to
dispose of the Claim Petition No.APDL012100192981, dated
02.03.2021 of the petitioner and pass appropriate orders, 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 Claim Petition
No.APDL012100192981, dated 02.03.2021 of the petitioner, in
accordance with law, within two (02) months from the date of a
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: 24.09.2021
IS
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.21339 OF 2021
Date: 24.09.2021
IS
