Andhra Pradesh High Court - Amravati
Smt. Reddy Sakkubhai, vs The State Of Andhra Pradesh, on 27 September, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.21498 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
in including and continuing survey Number 617-1A (Old Sy.No.500)
to an extent of Ac. 4.28 cents of Jangareddigudem, Jangareddigudem
Mandal, West Godavari District, in the list of Prohibited Properties
under section 22-A(1)(a) of Registration Act 1908 mistakenly and in
not rectifying such mistake in spite of representation dated
26.02.2018 and recommendations made by the concerned Tahsildar
and Revenue Divisional Officer vide Roc No 1290130/2018(DT) dated
31.08.2018 and in not entertaining registration of any conveyance
deed intend to make in respect of the said property as illegal
arbitrary unreasonable and violation of Articles 14 and 300-A of the
Constitution of India and to consequently direct the respondents to
delete the above said land from the list of Prohibited properties and
to receive, register and release the documents presented for
registration without any objection in respect of the above said land
and pass such other orders...."
2. Though the petitioners made several allegations against the
respondents, during the course of hearing learned counsel for the
petitioners requested this Court to issue a direction to the
respondents to dispose of the representation dated 26.02.2018
submitted by the petitioners, without touching the merits of the case.
3. Learned Government Pleader for Revenue appearing for
respondents readily agreed to dispose of the representation dated
26.02.2018 submitted by the petitioners, 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 representation dated 26.02.2018 submitted
by the petitioners, I find no other alternative except to issue such
direction.
6. In the result, Writ Petition is disposed of, keeping in view of
the recommendation made by the respondents 3 and 4 vide
Roc.No.1290130/2018(DT), dated 31.08.2018. Based on the written
instructions vide Roc.No.661/2018(DT), dated 23.09.2021 submitted
by the 4th respondent, it is suffice it to issue a direction to the 2nd
respondent to dispose of representation dated 26.02.2018 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.21498 OF 2021
Date: 27.09.2021
KK
