HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.42337 of 2017
ORDER
This petition is filed under Article 226 of the Constitution of
India, seeking the following relief:-
"....to issue Writ of Mandamus or Order declaring the inaction on the part of respondents No. 2 to 4, on petitioners representation dated 08.08.2017 submitted for restoration of assigned land in an extent of Ac.2.45 cents and Ac.2.55 cents respectively covered by Survey Nos. 376/1 and 377/3 of Thokapalli Revenue Village in Ardhaveedu Mandal of Prakasam District by invoking the Provisions of Andhra Pradesh Assigned Lands Prohibition of Transfers Act, 1977 and Rules framed there under as illegal, irregular, irrational and amounts to non-discharge of legal obligation conferred on respondents 2 to 4 under the said statute and offends Articles 14 and 21 of the Constitution of India and consequently direct the 4th respondent to decide the said representation in accordance with law by restoring said lands in petitioners favour...."
Though the petitioners made several allegations against the
respondents, the truth or otherwise in those allegations need not
be adjudicated by this Court as the learned Government Pleader
for Revenue appearing for respondents readily agreed to dispose of
the representation 08.08.2021 submitted by the petitioners, if
any, pending with the respondent authorities.
Though personal notice is ordered for unofficial respondent
No.5, none appeared.
2
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.
Having considering the above observations and submission
of Government Pleader for Revenue appearing for respondents and
the point involved in this Writ Petition is only to consider the
representation dated 08.08.2021, I need not decide the truth or
otherwise of the allegations made in the petition and I find no
other alternative, except to issue such direction.
In the result, the Writ Petition is disposed of, directing the
respondent authorities to dispose of the representation dated
08.08.2017 submitted by the petitioners, if not yet disposed of, in
accordance with law, within four (04) weeks from the date of
receipt of a copy of this order. There is no order as to costs.
As a sequel, miscellaneous applications, pending, if any, shall also stand closed.
______________________ JUSTICE V.SUJATHA Date : 01.11.2022 AVTP
1 2019 (8) SCALE 544 3 4
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HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.42337 of 2017
Date : 01.11.2022
AVTP 5
