Citation : 2022 Latest Caselaw 3538 AP
Judgement Date : 5 July, 2022
THE HON'BLE SRI JUSTICE D.RAMESH
WRIT PETITION No.18798 of 2022
ORDER:
This writ petition is filed under Article 226 of the Constitution
of India, seeking the following relief:
"...pleased to issue a Writ, One in the nature of a Writ of Mandamus or any other appropriate Writ, Direction or Order declaring the action of the 2nd respondent in not deleting the Petitioner's land to an extent of Ac 2.38 cents in Survey No 246-2B of Edulaballapur Village, Somandepalli Mandal, Sri Sathya Sai District, Erstwhile Anantapur District in pursuance to the petitioner Online Application No TTA012100070246 Dated 16.06.2021 from prohibited list under Section 22 A (1)(a) by considering G.O.Ms.No.575 dated 16.11.2018 Revenue (Assigned-I) Department and the further action of the respondent No. 4 and 5 in decline to receive and accept the sale deed presented by the petitioner in respect of above said land by relying on the prohibition list furnished by the 2nd respondent as illegal arbitrary and violative of G O Ms No 575 dated 16.11.2018 Revenue (Assigned-I) Department and violative of article 14 21 300A of Constitution of India and consequently direct the 2nd respondent to delete the aforesaid land of the petitioner from the prohibited list with the further direction to the 4th and 5th respondents to receive, admit the sale deed sought to be presented by the petitioner in respect of above said land for registration and release the same and pass"
Though the petitioner made several allegations against the
respondents, during hearing, learned counsel for the petitioner
requested this Court, without touching the merits of the case, to
issue a direction to the respondents to dispose of the application of
the petitioner dated 16.06.2021.
Learned Assistant Government Pleader for Revenue readily
agreed to dispose of the application of the petitioner dated
16.06.2021, if any, pending with the authorities.
In view of the submission 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 no service to
the cause of justice. As the learned counsel for the petitioner
himself required to issue a direction to dispose of the application of
the petitioner dated 16.06.2021, I find no other alternative except to
issue such direction.
In the result, the writ petition is disposed of directing the
respondents to dispose of the application of the petitioner dated
16.06.2021, in accordance with law, within a period of two months
from the date of receipt of a copy of this order. No costs.
Pending miscellaneous petitions, if any, shall stand closed.
__________________ JUSTICE D.RAMESH Date: 05.07.2022
Pab
2019(8) SCALE 544 THE HON'BLE SRI JUSTICE D.RAMESH
WRIT PETITION No.18798 of 2022
Dated: 05.07.2022
Pab
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