D. Lakshmi vs The State Of Andhra Pradesh
2022 Latest Caselaw 1978 AP

       THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                       WRIT PETITION NO.15002 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 action of the respondents no 2 and 3 in trying disposes the petitioners from the property for an extent of Ac.7-54 cents situated in Sy.No.121/A,B and 2C, 3 and 121/2D at Sundarapalli Village, K Gangavaram Mandal, East Godavari District after converting the agricultural Zerothi land to water tank of the petitioners properties which is illegally arbitrary and voilative of principles of natural justice and consequently direct the respondents to consider the representations dated 23.03.2015, 27.04.2015 and 19.05.2015."

During hearing, learned counsel for the petitioners, without

touching the merits of the case, requested this Court to issue a

direction to the respondents not to dispossess the petitioners from

their land without following due process of law.

Learned Assistant Government Pleader for Revenue, admitted

that the petitioners are continuing in possession of his land and

requested to pass appropriate orders.

Admittedly, the petitioners are in possession and enjoyment of

the property. In such case, when the petitioners are in possession

and enjoyment of the property, they cannot be dispossessed, without

following due process of law, as held by Apex Court in Rema Gowda

(dead) by Lrs. V. M. Varadappa Naidu (dead) by Lrs1. Therefore,

the respondents are directed not to dispossess the petitioners from

their property, except by due process of law.

Though the petitioners made several allegations against the

respondents, during hearing, learned counsel for the petitioners

requested this Court, to issue a direction to the respondents to

(2004) 1 Supreme Court Cases 769 MSM,J WP_15002_2015

dispose of the representations of the petitioners dated 23.03.2015

and 27.04.2015.

Learned Assistant Government Pleader for Revenue readily

agreed to dispose of the representations of the petitioners dated

23.03.2015 and 27.04.2015, 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.Venkatesh2", 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

petitioners himself requested to issue a direction to dispose of the

representations dated 23.03.2015 and 27.04.2015, I find no other

alternative except to issue such direction.

In the result, the writ petition is disposed of, at the stage of

admission with the consent of both the counsel, directing the

respondents to dispose of the representation dated 23.03.2015 and

27.04.2015 within six (06) weeks from the date of receipt of copy of

the order; while directing the respondents not to dispossess the

petitioners from their property, except by due process of law. No

costs.

Consequently, miscellaneous petitions pending, if any, shall

also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date:22.04.2022 SP

2019 (8) SCALE 544