S.Shameer Basha, v. The State Of Andhra Pradesh

HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND HON'BLE MS. JUSTICE J. UMA DEVI WRIT APPEAL NO.1102 OF 2017 ORDER: (per Hon'ble the Acting Chief Justice Ramesh Ranganathan) The appellant herein invoked the jurisdiction of this Court under Article 226 o0f the Constitution of India seeking a mandamus to declare the action of the respondents in deleting the online entries, standing in the petitioner's name for an extent of AC.1.86 cts in Sy. No.665/1B of Velligallu village, Gaaliveedu Mandal, YSR District, as arbitrary and illegal. He sought a consequential direction to restore the online entries in respect of the subject lands. The petitioner claims to have submitted a representation in this regard on 25.01.2017 and another representation on 17.05.2017. He requested that the respondents be directed to consider these representations. The Learned Single Judge dismissed the Writ Petition holding that, even to complain of inaction by the respondents, breathing time for consideration should be given by the petitioner.

Sri V.R. Kovvuri, Learned Counsel for the appellant, would submit that, while the appellant had submitted a representation on 25.01.2017, he had invoked the jurisdiction of this Court only in June, 2017, around six months after his representation; and the Learned Single Judge had erred in non-suiting the appellant-writ petitioner on the ground that breathing time was not given to the respondents to consider his representation.

It is wholly unnecessary for us to dwell on whether or not adequate breathing time was given to the respondents to consider the appellant's

representation as the Learned Government Pleader for Revenue (Assignment) would fairly state that the appellant's representation would be considered strictly in accordance with law within three months.

In view of the submission now made by the Learned Government Pleader for Revenue (Assignment), we consider it appropriate to dispose of the Writ Petition directing the respondents to consider the appellant-writ petitioner's representations dated 25.01.2017 and 17.05.2017 in accordance with law with utmost expedition and, in any event, not later than three months from the date of receipt of a copy of this order. The Writ Appeal stands disposed of accordingly. The miscellaneous petitions pending, if any, shall stand closed. No costs.

_________________________________ (RAMESH RANGANATHAN, ACJ) _________________ (J. UMA DEVI, J) Date: 08-08-2017.

MRKR