Citation : 2022 Latest Caselaw 657 AP
Judgement Date : 7 February, 2022
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO. 32711 OF 2016
ORDER:
This 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 of the respondents 2 to 4 in not considering the petitioners representations dated 22.08.2016 and 03.09.2016 about the irregularities committed by the respondents in granting house site pattas to the ineligible persons without conducting any enquiry as illegal, irregular, arbitrary, violation of principals of natural justice and contrary to the Andhra Pradesh Revenue Board Standing Orders 21 and offend Articles 14, 21 and 300-A of the constitution of India and consequently direct the respondents 1 to 3 to set aside previous list prepared by the 4th respondent without conducting enquiry and direct them to conduct fresh enquiry and identify the eligible persons for granting of house site pattas.."
2. Though the petitioners made several allegations against the
respondents, during hearing, Sri Naga Praveen Vankayalapati
learned counsel for the petitioners limited his request to dispose of
representations, dated 22.08.2016 and 03.09.2016 pending before
respondent authorities, without touching the merits of the case.
3. Learned Government Pleader for Revenue appearing for
respondents readily agreed to dispose of the representations, dated
22.08.2016 and 03.09.2016, if any, pending with the respondent-
authorities.
4. Recording the submissions made by 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
2019 (8) SCALE 544
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
representations, dated 22.08.2016 and 03.09.2016 pending before
respondent authorities, I find no other alternative, except to issue
such direction.
5. In the result, the Writ Petition is disposed of, directing
respondent Nos. 1 to 3 to dispose of the representations, dated
22.08.2016 and 03.09.2016 pending before them, in accordance with
law, within eight (08) weeks from the date of a receipt of copy of this
order. There shall be no order as to costs.
6. As a sequel thereto, miscellaneous applications, pending, if
any, shall also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY
Date: 07.02.2022 psr
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.32711 OF 2016
Date: 07.02.2022
Psr.
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