THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.15527 OF 2021
ORDER:
This writ 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 action of respondent Nos.2 to 5 in not taking any action inspite of the 4th respondents report vide Rc.A./227/2010, dated 16.10.2010 in regarding to the Kunta Poramboku land in an extent of Ac.11.00 cents in Sy.No.39 of Gangavaram Village, Santhanuthalapadu Mandal, Prakasam District, for protecting the land from encroachers by considering the representations dated 16.5.2016 and 11.5.2021 as illegal, arbitrary and contrary to the provisions of the principles of natural justice and Article 14 of the constitution of India against the Board Standing Orders and consequently direct respondent Nos.2 to 5 respondents to take action against the encroachers and protect the Kunta Poramboku basing on the report of the 4th respondent vide Rc.A./227/2010 dated 16.10.2010 with regard to the above mentioned property by considering the representation dated 16.5.2016 and 11.5.2021 and pass such other order or orders."
2. Though the petitioner made several allegations against the respondents, during hearing, Smt.Marella Radha, learned counsel for the petitioners limited his request to dispose of the representations made by the petitioners dated 16.05.2016 and 11.05.2021, without touching the merits of the case.
3. Learned Assistant Government Pleader for Revenue, appearing for respondents readily agreed to dispose of the representations dated 16.05.2021 and 11.05.2021 submitted by the petitioners, if any, pending with the respondent-authorities.
4. Recording the submissions 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 2 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 not serve to the cause of justice. As the learned counsel for the petitioners herself requested to issue a direction to dispose of the representations dated 16.05.2021 and 11.05.2021 submitted by the petitioners, I find no other alternative, except to issue such direction.
5. In the result, the Writ Petition is disposed of, directing respondents to dispose of the representations submitted by the petitioners dated 16.05.2021 and 11.05.2021, in accordance with law, within four (04) weeks from today, by giving opportunity to the concerned. No costs.
As a sequel miscellaneous application, pending, if any, shall also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 03.08.2021 VSL 1 2019 (8) SCALE 544 3 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.15527 OF 2021 Date: 03.08.2021 VSL