Jagupilla Apparao, S/O Late ... vs The State Of Andhra Pradesh
2022 Latest Caselaw 2030 AP

   THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                WRIT PETITION NO.15810 OF 2016
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 high handed action of the Respondents 2, 3 & 4 in - (1) trying to include the petitioner's patta land vide Patta No.793 in Survey No. 174/1 to an extent of Ac.2.00 Cts. and in Survey No.175/2 to an extent of Ac.1.28 Cts. of vide Patta No.794 agricultural dry land situated at Madhurawada Village of Chinagadali Mandal, Visakhapatnam District, as Government Land; (2) in not considering and disposing of the petitioners representation on 08.05.2015 by way of Registered Post and Acknowledgment Due, pursuant to the Paper Publication dated 01.05.2015 and (3) in interfering into the petitioners land as stated supra, without issuing any notice and without following the procedure, is arbitrary, bad and illegal and violation of principles of natural justice and violation of Article-14 and 300-A of the Constitution of India and without jurisdiction, consequently quash the paper publication dated 01.05.2015 issued by the 2nd Respondent to the extent of petitioner's agricultural land only and also direct the Respondents 3, 4 not to interfere into the petitioner's land and pass other orders."

Though the petitioners made several allegations against the

respondents, during hearing, learned counsel for the petitioner

requested this Court, without touching the merits of the case, to

issue a direction to the respondents to dispose of the representation

of the petitioner dated 08.05.2015.

Learned Government Pleader for Revenue readily agreed to

dispose of the representation of the petitioner dated 08.05.2015, 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 petitioner

himself requested to issue a direction to dispose of the

representation dated 08.05.2015, 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 08.05.2015, in

accordance with law, within four (4) weeks 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.15810 OF 2016

Date:26.04.2022 BSP