THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.10523 OF 2021
ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
"To issue Writ of Mandamus to declare the action of the respondents 2 to 4 who has failed to do enquiry on the Petitioners Notice dated 02 04 2019 and representations dated 8 09 2020 in respect of the Petitioners Grand Mothers land in Survey Nos 2/11, 5/1, 11/3, 23/1, 23/3, 27/1, 27/4, 8, 10/3 covering the land an extent of Ac.32-22 Cts situated at Gattugudem Village Yetapaka Mandal East Godavari District by taking action on the Revenue department officials who has colluded with Respondent No 5 and got mutated the name of the Respondent No 5 to the above extent of land in the revenue records subsequently receiving compensation as illegal arbitrary and in violation of Articles 21 and 300-A of Constitution of India and consequently direct the respondent authorities to conduct enquiry on the representation of the petitioner by taking appropriate action against the respondent Nos. 3 to 5."
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 respondents to dispose of the representation of the petitioner dated 18.09.2020.
Learned Assistant Government Pleader for Revenue readily agreed to dispose of the representation of the petitioner dated 18.09.2020, if any pending with the authorities.
In view of the submission of the learned Assistant 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.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 no service to the cause of justice. As the learned counsel for the 1 2019 (8) SCALE 544 MSM,J WP_10523_2021 2 petitioners himself requested to issue a direction to dispose of the representation dated 18.09.2020. I find no other alternative except to issue such direction.
In the result, the writ petition is disposed of, directing the respondents to dispose of the representation dated 18.09.2020 within one month from today, in accordance with law, by affording opportunity to all the persons interested, including Respondent No.5. No costs.
Consequently, miscellaneous petitions pending, if any, shall also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 14.06.2021 SP