Citation : 2024 Latest Caselaw 8217 AP
Judgement Date : 10 September, 2024
1
APHC010107012012
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3310]
(Special Original Jurisdiction)
TUESDAY ,THE TENTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 25945/2012
Between:
Nakkireddy Umamaheswara Rao, ...PETITIONER
AND
The Commissioner Of Endowments and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. K SRINIVAS
Counsel for the Respondent(S):
1. GP FOR ENDOWMENTS
2. .
3. JAGADISH KUAMAR BATCHU
The Court made the following:
ORDER:
The Writ Petition is filed under Article 226 of the Constitution of India,
seeking the following relief:
".....declaring the action of the respondents in not transferring the land in Sy.No.407/1 an extent 288 Sq.Yds situated at Naiyulla Street, Patnam, Anakapalli Mandal, Visakhapatnam District in favour of petitioner is illegal, arbitrary and violation of principles of natural justice and consequently direct the respondents to transfer by way of registration of the land in Sy.No.407/1
an extent of 288 Sq. Yds situated at Naiyulla Street, Patnam, Anakapalli Mandal, Visakhapatnam District forthwith and pass such other order or orders......"
2. Heard learned counsel for the petitioner, learned Assistant Government
Pleader for Endowments, appearing for the respondents 1 and 2 and
Mr.Batchu Jagadish Kumar, learned Standing Counsel, appearing for the 3rd
respondent.
3. Though the petitioner made several allegations against the
respondents, during hearing, learned counsel for the petitioner limited his
request to dispose of the various representations dated 21.05.2012,
01.10.1987, 08.09.1993, 29.07.1996 and 01.10.1987 submitted by the
petitioner, without touching the merits of the case.
4. On the other hand, learned Assistant Government Pleader for
Endowments, appearing for the respondents 1 and 2, readily agreed to
dispose of the various representations submitted by the petitioners, if any,
pending with the respondent-authorities.
5. In view of the submission of the learned Assistant Government Pleader
for Endowments, 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 Honourable Apex Court in "The Government
of India v. P.Venkatesh1", wherein the Honourable Apex Court held that such
orders may make for a quick or easy disposal of cases in overburdened
2019 (8) SCALE 544
adjudicatory institutions. But, they do no service to the cause of justice.
Hence, I find no other alternative except to issue such direction.
6. In the result, the Writ Petition is disposed of, directing the
petitioner to furnish copies of the representations dated 21.05.2012,
01.10.1987, 08.09.1993, 29.07.1996 and 01.10.1987 and other material
before the 1st respondent and on receipt of copies of such representations, the
1st respondent shall dispose of the various representations submitted by the
petitioner in terms of the letter issued by the 2nd respondent in
Rc.No.A2/5194/84, dated 01.11.1985 and pass appropriate orders within a
period of three (03) months from the date of receipt of a copy of this order.
There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall stand
closed.
________________________ DR. K. MANMADHA RAO, J.
ARR
HON'BLE DR.JUSTICE K.MANMADHA RAO
Writ Petition No.25945 of 2012 Date: 10.09.2024
ARR
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