Chinthapalli Ramalakshmi, W.G. ... vs Commissioner, Survey, ...
2022 Latest Caselaw 659 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                     WRIT PETITION NO.19802 OF 2015

ORDER:

This petition is filed under Article 226 of the Constitution of

India seeking the following relief:-

"....to issue an appropriate Writ order or direction more particularly in the nature of Writ of mandamus and declaring the action of the respondents did not take any action on petitioner's representations dated 11.11.2014 and 30.12.2014 sofar as highly illegal, arbitrary, contrary to law and clear violation of Articles 14, 21 of the Constitution of India and principles of natural Justice and consequently to direct the respondents 5 and 6 to conduct the survey and issued the Patta with correct Plot Number and with correct boundaries which is wrongly mentioned by the 6th respondent in the house site Patta as Plot No 62 .."

2. Though the petitioner made several allegations against the

respondents, during hearing, Sri M.Venkateswara Rao, learned

counsel for the petitioner limited his request to dispose of

representations dated 11.11.2014 and 30.12.2014 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

11.11.2014 and 30.12.2014, 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

cases in overburdened adjudicatory institutions. But, they do no

2019 (8) SCALE 544

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 11.11.2014 and 30.12.2014 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 4 to dispose of the representations dated

11.11.2014 and 30.12.2014 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.19802 OF 2015

Date: 07.02.2022

Psr.