Andhra Pradesh High Court - Amravati
Tamarana Annayya Babu, vs The State Of Andhra Pradesh, on 27 September, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.21478 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 Respondent
No 2 and 3 in failing to grant D-Form Patta to the petitioner for his
longstanding possession over the Government Poramboke land in
Sy.No.93/1 and 93/2, (Gramakantam) to an extent of Ac.0.67 cents
situated at LBP Agraharam Village, Buchaiahpeta Mandal,
Visakhapatnam District, inspite of confirming the long standing
possession of the petitioner by various courts and without
considering the representations made by the petitioner dt.
16.03.2020 and 16.04.2021 as illegal, arbitrary, unconstitutional
and against the provisions of Board Standing orders and
consequently direct the respondents to consider and grant the D-
Form Patta to the petitioner for the above mentioned land by duly
considering his long standing possession and enjoyment of the said
land 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 16.03.2020 and 16.04.2021
submitted by the petitioner, without touching the merits of the case.
3. Learned Government Pleader for Revenue appearing for
respondents readily agreed to dispose of the representations dated
16.03.2020 and 16.04.2021 submitted by the petitioner, if any
pending with the respondent authorities.
4. In view of the submission of Government Pleader for Revenue
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 16.03.2020 and
16.04.2021 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/ Tahsildar to dispose of representations dated 16.03.2020
and 16.04.2021 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.21478 OF 2021
Date: 27.09.2021
KK
