Andhra Pradesh High Court

WP/16294/2015 of G. Dharmaiah Vs State of Andhra Pradesh, rep. by its Principal Secretary, on 31 December 2021

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SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.16294 OF 2015 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a writ in the nature of a writ of mandamus or any other appropriate writ, direction order or

THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.16294 OF 2015

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ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

“to issue a writ in the nature of a writ of mandamus or any other appropriate writ, direction order or orders declaring the action of the 2nd respondent herein not consider the petitioner’s representation dt.14.12.2013 and 31.07.2014 requesting him to issue patta with reference to the Sy.No.213/5 an extent of Ac.1-50 cents situated at Chodavaram Village fields, Thottambedu Mandal, which is in his exclusive peaceful possession and enjoyment of the same since more than 20 years as wholly arbitrary, illegal and without jurisdiction and void and violated the principles of natural justice and affected the petitioners rights guaranteed under the Article 14, 21 and 300-A of the Constitution of India and consequently direct the 2nd respondent herein to consider the petitioner representations for granting assignment patta with reference to the land in an extent of Ac.1-50 cents in Sy.No.213/5 of Chowdavaram village fields, Thottambedu Mandal, Chittoor District and pass such other order.”

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 2[nd] respondent to dispose of the representations of the petitioner dated 04.12.2013 and 31.07.2014.

Learned Government Pleader for Revenue readily agreed to dispose of the representations of the petitioner dated 04.12.2013 and 31.07.2014, if any pending with the authorities.

In view of the submission of the learned 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.Venkatesh[1]”, 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 representations dated 04.12.2013 and 31.07.2014, I find no other alternative except to issue such direction.

In the result, the writ petition is disposed of, directing the 2nd respondent to dispose of the representations dated 04.12.2013 and 31.07.2014, if it is pending, in accordance with law, within four (4) weeks from the date of receipt of a copy of this order. No costs.

The miscellaneous petitions pending, if any, shall also stand closed.

31.12.2021 PSR/BSP

_________________________________________

JUSTICE M. SATYANARAYANA MURTHY

THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No.16294 OF 2015

Date:31.12.2021

PSR/BSP

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