THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.13722 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 the action of the respondent Nos.3 to 8 to conduct proper enquiry on petitioner's representation dated 29.06.2021 to take legal action on the illegal encroachments and constructions by the 9th respondent in the Surappa Irrigation Tank and its irrigation canals in Sy.No.108 for an extent of Ac.0-08 cents at Loddalapeta Village, Belamam Post, Amadalavalasa Mandal, Srikakulam District is highly illegal, arbitrary and violation of Articles 14 and 21 of Constitution of India and violation of principles of natural justice and consequently direct the respondent Nos.3 to 8 to conduct proper enquiry on petitioner's representation dated 29.06.2021 as mentioned above and pass such other order or orders."
2. Though the petitioner made several allegations against the respondents, during hearing, Sri T.Tejeswara Rao, learned counsel for the petitioner limited his request to dispose of the representation made by the petitioner dated 29.06.2021, without touching the merits of the case.
3. Learned Assistant Government Pleader for Revenue, appearing for respondents readily agreed to dispose of the representation 29.06.2021 submitted by the petitioner, 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 petitioner himself requested to issue a direction to dispose of the representation dated 29.06.2021 submitted by the petitioner, 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 representation submitted by the petitioner dated 29.06.2021, 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: 23.07.2021 VSL 1 2019 (8) SCALE 544 3 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.2734 OF 2015 Date: 23.07.2021 VSL