Citation : 2022 Latest Caselaw 1975 AP
Judgement Date : 22 April, 2022
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.32470 OF 2015
ORDER:
This writ petition is filed under Article 226 of the Constitution
of India seeking the following relief:
"to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the 3rd respondent on the petitioners representation dated 27.03.2015 submitted for initiating necessary action for restoring the house site bearing Plot No.44 admeasuring Ac.0- 05 cents covered by Survey No.378 of Valluru Village, Tangutur Mandal by evicting the respondents 4 and 5 as irregular and amounts to non-discharge of legal obligation conferred on 3rd respondent under the provisions of Andhra Pradesh Assigned Lands Prohibition of Transfer Act 1977 and rules framed there under and offends Article 14 of constitution of India and consequently direct the 3rd respondent to evict the respondents 4 and 5 and restore the said house site in her favour."
Though the petitioner made several allegations against the
respondents, during hearing, learned counsel for the petitioner
requested this Court to issue a direction to the respondents to
dispose of the representation of the petitioner dated 27.03.2015,
without touching the merits of the case.
Learned Assistant Government Pleader for Revenue readily
agreed to dispose of the representation of the petitioner dated
27.03.2015, if any pending with the 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
Court held that such orders may make for a quick or easy disposal of
cases in overburdened adjudicatory institutions. But, they do no
service to the cause of justice. As the learned counsel for the
petitioner himself requested to issue a direction to dispose of the
2019 (8) SCALE 544 MSM,J WP_32470_2015
representation dated 27.03.2015, I find no other alternative except to
issue such direction.
In the result, the writ petition is disposed of, directing the
respondents to dispose of the representation dated 27.03.2015
within eight (08) weeks from today. No costs.
The miscellaneous petitions pending, if any, shall also stand
closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY 22.04.2022 SP
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