Citation : 2022 Latest Caselaw 2029 AP
Judgement Date : 26 April, 2022
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.7760 OF 2016
ORDER:
This writ petition is filed under Article 226 of the Constitution
of India seeking the following relief:
"to issue a writ of mandamus or any other appropriate writ, order or direction declaring the inaction of the respondents 2 to 4 in taking appropriate action in pursuant to the petitioner's representation Dt 09.02.2016 for protection of lands in Sy.No.388 to an extent of Ac.0.80 cents and Sy.No.389-1 to an extent of Ac.1-76 cents situated at Mukthapuram Village, Kanaganapalli Mandal, Anantapur District from allotment of proposed granting of house site pattas in respect of the above lands is illegal and arbitrary and consequently direct the respondents 2 to 4 not to allow any third parties from occupying the lands in Sy.No.388 to an extent of Ac.0.80 cents and Sy.No.389-1 to an extent of Ac.1-76 cents situated at Mukthapuram Village, Kanaganapalli Mandal, Anantapur District and pass such other orders."
Though the petitioners made several allegations against the
respondents, during hearing, learned counsel for the petitioners
requested this Court, without touching the merits of the case, to
issue a direction to the respondents to dispose of the representation
of the petitioners dated 09.02.2016.
Learned Government Pleader for Revenue readily agreed to
dispose of the representation of the petitioners dated 09.02.2016, if
any pending with the authorities.
In view of the submission of the learned 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 not
serve to the cause of justice. As the learned counsel for the
petitioners himself requested to issue a direction to dispose of the
representation dated 09.02.2016, 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 09.02.2016, in
accordance with law within three (03) months from the date of
receipt of a copy of this order. No costs.
The miscellaneous petitions pending, if any, shall also stand
closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY 26.04.2022 BSP
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.7760 OF 2016
Date:26.04.2022 BSP
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