Shaik Mahaboobjan vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Admission (Revenue)
Before:
Hon'ble M.Satyanarayana Murthy
Listed On:
14 Jun 2021
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Order Text
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.10329 OF 2021
ORDER:
This petition is filed under Article 226 of the Constitution of India, seeking the following relief:
"to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus, declaring the inaction of the 2nd respondent in not disposing of the claim applications of the petitioners dated 30.08.2019, 03.09.2019 and 11.02.2020 entering the name of the petitioners in the Re-settlement register and other revenue records and for deletion of the properties of the petitioners from the prohibitary list furnished by the revenue officials to the registration department under Section 22A(1) of Registration Act, 1908, as highly illegal, arbitrary and unconstitutional being violative of Articles 14, 21 and 300-A of the constitution of India and also violative of principal of natural justice and consequently direct the 2nd respondent to dispose of the claim applications dated 30.08.2019, 03.09.2019 and 11.02.2020 and pass such other order".
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Though the petitioners made several allegations against the respondents, during the course of hearing learned counsel for the petitioners Sri D.Seshasayana Reddy, requested this Court without touching the merits of the case, to issue a direction to the respondents to dispose of the claim applications dated 30.08.2019, 03.09.2019 and 11.02.2020 submitted by the petitioners.
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Learned Assistant Government Pleader for Revenue, appearing for respondents readily agreed to dispose of the claim applications dated 30.08.2019, 03.09.2019 and 11.02.2020 submitted by the petitioners, if any pending with the respondent authorities.
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In view of the submission of learned Assistant Government Pleader for Revenue appearing for respondents, I need not decide the truth or otherwise of the allegations made in the petition.
$5.$ 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<sup>1</sup>, 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 not serve to the cause of justice. As the learned counsel for the petitioners himself requested to issue a direction to dispose of the claim applications dated 30.08.2019, 03.09.2019 and 11.02.2020 submitted by the petitioners, I find no other alternative except to issue such direction.
$6.$ In the result, Writ Petition is disposed of, directing the respondent authorities to dispose of the claim applications dated 30.08.2019, 03.09.2019 and 11.02.2020 submitted by the petitioners, in accordance with law, within four (04) weeks from today. No costs.
As a sequel, miscellaneous applications pending, if any, shall also stand closed.
JUSTICE M. SATYANARAYANA MURTHY
Date: 14.06.2021 sj
$12019$ (8) SCALE 544
141
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.10329 OF 2021
Date: 14.06.2021
sj