THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.11310 of 2019
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, especially one in the nature of Writ of Mandamus declaring the inaction of the respondent Nos.3 and 4 in not considering the representation dated 03.10.2018 submitted by the petitioner herein and also their action in allowing the 5th respondent to continue in the property i.e., an extent of Ac.0.03 cents, bearing Plot No.110, situated in S.No.73- 3A of Ramanayyapeta Village, Kakinada Rural Mandal without conducting the enquiry as illegal and arbitrary, and also violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondent Nos.3 and 4 to consider the representation dated 03.10.2018, submitted by the petitioner herein and also further direct the respondents to consider the case of the petitioner and initiate action in accordance with law and pass."
2. Though the petitioner made several allegations against the respondents, during the course of 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 dated 03.10.2018 submitted by the petitioner.
3. Learned Government Pleader for Revenue appearing for respondents readily agreed to dispose of the representation dated 03.10.2018 submitted by the petitioner, if any pending with the respondent authorities.
4. In view of the submission of Government Pleader for Revenue appearing for respondents, I need not decide the truth or otherwise of the allegations made in the petition.
MSM,J WP_11310_2019 2
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.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 03.10.2018 submitted by the petitioner, 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 representation dated 03.10.2018 submitted by the petitioner, in accordance with law, within four (04) weeks from today. No order as to costs.
The miscellaneous petitions pending, if any, shall also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY 01.11.2021 DR 1 2019 (8) SCALE 544