Andhra Pradesh High Court - Amravati
Pedda Gangappa Gari ... vs The State Of A.P. on 29 September, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.21933 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 Petitioners' land to an extent of Ac.1.53 cents in Sy.No.326/1B
of Konduru Village, Lepakshi Mandal, Anantapuramu District from
prohibited list under Sec.22-A(1)(e) of the Registration Act, 1908 by
considering G.O.Ms.No.575 dt.16.11.2018, Revenue (Assigned) Department
though the 4th respondent herein made recommendation through the 3rd
respondent vide Proceeding in Rc.No.1204/2021/D, dt.31.05.2021 in
pursuance to the Online Application No. TTA012100069952, dt.09.06.2021
and further action of the respondent No.5 in declining to receive and
process the sale deeds presented by the petitioners in respect of above said
land by relying on the prohibition list furnished by the 2nd respondent, as
illegal, arbitrary, violative of G.O.Ms.No.575, dt16112018 Revenue
(Assigned) Department, violative of Articles 14 and 21 of the Constitution of
India and consequently direct the 2nd respondent to delete the aforesaid
land of the petitioners form the prohibited list with the further direction to
the 5th respondent to receive and process the sale deeds sought to be
presented by the petitioners in respect of the above said land for
registration and release the same in the interest of justice and to pass such
other order..."
2. Though the petitioner made several allegations against the
respondents, during hearing, Sri Sreemannarayana Vattikuti,
learned counsel for the petitioners limited his request to dispose of
the online Application No.TTA012100069952, dt.09.06.2021
submitted by the petitioner through Mee Seva, without touching the
merits of the case.
3. Learned Assistant Government Pleader for Revenue-cum-
Stamps and Registration appearing for respondents readily agreed to
dispose of the online Application No.TTA012100069952,
dt.09.06.2021 submitted by the petitioner through Mee Seva, if any,
pending with the respondent-authorities.
4. Recording the submissions of the learned Government Pleader
for Revenue-cum-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 petitioners himself requested
to issue a direction to dispose of the online Application
No.TTA012100069952, dt.09.06.2021 submitted by the petitioner
through Mee Seva, 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.TTA012100069952, dt.09.06.2021 submitted by the petitioner
through Mee Seva, 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: 29.09.2021
IS
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.21933 OF 2021
Date: 29.09.2021
IS
