Citation : 2021 Latest Caselaw 3826 AP
Judgement Date : 29 September, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.21895 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 particularly one in the nature of writ of Mandamus declaring the action of the respondents in making efforts in dispossessing the petitioner from his fields to an extent of Ac.0.97 cents of land in Survey No.684/7 at Chandra sekhara puram, kodavalur, kodavaluru Mandal, Nellore District without following the procedure established by law as illegal arbitrary and violation of principles of naturals justice and also violative of Article 14, 16, 19 and 300-A of Constitution of India and consequently direct the respondents to consider the representation of the petitioner for grating of assignment patta and title deeds dated 21.05.2021".
Though the petitioner made several allegations against the
respondents, during hearing, learned counsel for the petitioner
requested this Court without touching the merits of the case,
requests this Court to issue a direction to the respondents to dispose
of the representation of the petitioner dated 18.06.2021.
Learned Assistant Government Pleader for Revenue readily
agreed to dispose of the representation of the petitioner dated
18.06.2021, if any, pending with the respondents authorities.
In view of the submission 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
2019 (8) SCALE 544
Court held that such orders may make for a quick or easy disposal of
cases in overburdened adjudicatory institutions. But, they do not
service to the cause of justice. As the learned counsel for the
petitioner himself requested to issue a direction to dispose of the
representation dated 18.06.2021 of the petitioner, I find no other
alternative except to issue such direction.
In the result, the writ petition is disposed of, directing the
Tahsildar/4th respondent herein to dispose of the
application/representation of the petitioner dated 18.06.2021, in
accordance with law, within Eight(8) weeks from the date of receipt of
copy of this order. No costs.
The miscellaneous petitions pending, if any, shall also stand
closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY
Date: 29.09.2021 tm
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.21895 OF 2021
Date: 29-09-2021 tm
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