M Subba Reddy vs State Of Ap
2022 Latest Caselaw 2265 AP

      THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                   WRIT PETITION NO.3608 OF 2018
ORDER:

This writ 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 one in the nature of Writ of Mandamus, declaring the inaction of the 5th respondent in not considering the application of the petitioner dated 18.08.2017 made in Form-III under Act 10/2017 as arbitrary and illegal and consequently direct the respondents to conduct enquiry and appropriate order an application made by the petitioner in Form-III dated 18.08.2017 in respect of the land in Sy.No.149/A1 to an extent of Ac.2.31 cents in Sy.No.149/A2 to an extent of Ac.0.18 cents of Todepi Village, Muppala Mandal, Guntur District in accordance of the Act 10/2017 and pass such other order..."

2. Though the petitioner made several allegations against the

respondents, during hearing, Sri P.Vengala Reddy, learned counsel

for petitioner limited his request to dispose of the claim

application No.APDL011700010070, dated 18.08.2017 submitted 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 claim

application No.APDL011700010070, dated 18.08.2017 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.

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 claim application No.APDL011700010070, dated

18.08.2017 submitted by the petitioner and pass appropriate

orders, I find no other alternative, except to issue such direction.

5. In the result, the Writ Petition is disposed of, directing the

respondent authorities to consider claim application

No.APDL011700010070, dated 18.08.2017 submitted by the

petitioner and pass appropriate orders, in accordance with law,

within four (04) weeks from today. No costs.

As a sequel miscellaneous application, pending, if any, shall

also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 04.05.2022 ssp

2019 (8) SCALE 544

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.3608 OF 2018

Date: 04.05.2022

ssp