Citation : 2022 Latest Caselaw 154 AP
Judgement Date : 17 January, 2022
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.36985 OF 2015
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 inaction of the Respondent Nos.2 to 4 in taking steps for cancellation documents obtained by the 5th Respondent in the Government assigned house site pattas in D.No. 300/C1 of Kasilingeswara Colony Lalitha Colony of Kesanupalli Village Narasaraopet Mandal Guntur District and further not granting house site patta in favour the petitioner in spite of petitioners several personal approaches and representations dated 16- 12-2013 is illegal improper arbitrary and unconstitutional and contrary to the AP Board Standing Orders and pass such other order or orders."
2. Though the petitioner made several allegations against the
respondents, during hearing, Mr.MD.Saleem, learned counsel for the
petitioner limited his request to dispose of the representation dated
16.12.2013 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 16.12.2013 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.
2019 (8) SCALE 544
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 16.12.2013 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 16.12.2013,
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: 17.01.2022
SSP
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.36985 OF 2015
Date: 17.01.2022
SSP
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