Citation : 2022 Latest Caselaw 161 AP
Judgement Date : 17 January, 2022
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.20375 OF 2016
ORDER:
This writ petition is filed under Article 226 of the Constitution
of India seeking the following relief:-
"....to issue a Writ of Mandamus, or any other appropriate writ order or direction declaring he action of the 4th respondent in making attempts for eviction of petitioner from the land in Sy.No.160 to an extent of Ac.1-45 cents of Peravali Village Singanamala Mandal Anantapur District as illegal and arbitrary and consequently direct the respondents 2 to 4 to consider the petitioners representations Dt 26.12. 2011, 02.12. 2013, 30. 12. 2013 and 13.06.2016 by issuing D form patta in favour of petitioner in respect of land in Sy No 160 to an extent of Ac .1-45 cents of Peravali Village Singanamala Mandal Anantapur District and to pass such other order or orders as this Honble Court may deems fit just and proper in the circumstances of the case and to pass such other order or orders."
2. Though the petitioner made several allegations against the
respondents, during hearing, Mr.Samba Shiva Rao, learned counsel
for the petitioner limited his request to dispose of the representation
dated 13.06.2016 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 13.06.2016 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",
2019 (8) SCALE 544
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 13.06.2016 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 13.06.2016 ,
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.20375 OF 2016
Date: 17.01.2022
SSP
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