Andhra Pradesh High Court - Amravati
Vegi Jagadish Kumar vs The State Of Andhra Pradesh on 27 September, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.21588 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 Respondents
3 to 5 in not considering the representations of the Petitioner dated
21.08.2021 and 27.08.2021 with regard to illegal registration of
Mortgage Deed No. 5349/2021, dated 27.07.2021 on the file of the
4th Respondent and evasion of stamp duty on it as arbitrary, illegal,
in violation of Article 14 of the Constitution of India and also in
violation of the Provisions of the Registration Act, and the Indian
Stamp Act and consequently direct the Respondents 3 and 6 to
consider the representations dated 21.08.2021 and 27.08.2021 and
take action in accordance with law and pass such other orders...."
2. Though the petitioner made several allegations against the
respondents, during the course of hearing learned counsel for the
petitioner requested this Court to issue a direction to the respondents
to dispose of the representations dated 21.08.2021 and 27.08.2021
submitted by the petitioner, without touching the merits of the case.
3. Learned Government Pleader for Stamps and Registration
appearing for respondents readily agreed to dispose of the
representations dated 21.08.2021 and 27.08.2021 submitted by the
petitioner, if any pending with the respondent authorities.
4. In view of the submission of Government Pleader for Stamps
and Registration appearing for respondents, I need not decide the
truth or otherwise of the allegations made in the petition.
5. 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 be
passed 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 representations dated 21.08.2021 and
27.08.2021 submitted by the petitioner, I find no other alternative
except to issue such direction.
6. In the result, Writ Petition is disposed of, directing the 3rd
respondent to dispose of representations dated 21.08.2021 and
27.08.2021 submitted by the petitioner, in accordance with law,
within four (04) weeks from the date of receipt of a copy of this order.
No costs.
As a sequel, miscellaneous applications pending, if any, shall
also stand closed.
_________________________________________
JUSTICE M. SATYANARAYANA MURTHY
Date: 27.09.2021
KK
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.21588 OF 2021
Date: 27.09.2021
KK
