Citation : 2022 Latest Caselaw 1011 AP
Judgement Date : 24 February, 2022
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.21344 OF 2017
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 more particularly one in the nature of Writ of Mandamus, declaring the action on the part of respondents in not considering petitioner's representation dated 06.02.2017 seeking to amend the entries in the online revenue records by rectifying the mistakes crept by diminishing the extent of land of Ac.1.45 cents by showing only to an extent of Ac.0.31 cents in Sy.No.952 of Gudur Village & Mandal, Kurnool District, even though the petitioner is the owner and possessor of the land to an extent of Ac.1.76 cents in the said survey number that too without putting the petitioner on notice as being illegal, arbitrary and is in violation of principles of Natural Justice and fair play, apart from violation of Article 21 of the Constitution of India and consequently direct the respondents to fiorthwith consider and pass orders ".
2. Though the petitioner made several allegations against the
respondents, during hearing Sri J.U.M.V.Prasad, learned counsel for
the petitioner limited his request to dispose of the representation
dated 06.02.2017 made by the petitioner, without touching the
merits of the case.
3. Learned Assistant Government Pleader for
Revenue, appearing for respondents readily agreed to dispose of the
representation dated 06.02.2017 submitted by the petitioner, if any,
pending with the respondent-authorities.
4. Recording the submissions 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 not serve to the cause of justice. As the learned counsel
for the petitioner requested to issue a direction to dispose of the
representation dated 06.02.2017 submitted by the petitioner, I find
no other alternative, except to issue such direction.
5. In the result, the Writ Petition is disposed of, directing the
respondents to dispose of the representation dated 06.02.2017
submitted by the petitioner and pass appropriate order in
accordance with law, within four (4) weeks from the date of receipt of
copy of this order, if it is pending. No costs.
As a sequel miscellaneous application, pending, if any, shall
also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY
Date: 24.02.2022
SSP
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.21344 OF 2017
Date: 24.02.2022
ssp
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