THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.22163 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 2nd respondent not considering the representation dated 06.09.2021 made by the petitioners pertaining to the loss causing by the unofficial respondent, who is illegally digging water from the site found through our lands action regarding lands in Sy.No.34/1 to an extent of 2.09 cents; Sy.No. 34/2 to an extent of 9.46 cents, total extent Ac.11.55 cents, the 2nd petitioner's land in Sy.No. 30/3 to an extent of Ac.5.02 cents; Sy.No. 3/4 to an extent of 2.94 cents, 7.96 cents and the 3rd petitioners in Sy.No.30/3 and Sy.No. 30/3 and Sy.No. 30/4 to an extent of 2.96 cents situated at Otlapalem Revenue Village, Kambalapalli Gram Panchayat, Podalakur Mandal, SPSR Nellore District, is highly illegal, arbitrary, unconstitutional, unjust, violation of Principles of Natural Justice and also in violation of Articles 14 and 300-A of the Constitution of India and consequently direct the respondent Nos. 4 and 5 to consider the representation dated made by the petitioners pertaining to the loss causing by the unofficial respondent who is illegally digging water from the site found through our lands action regarding lands in Sy.No.34/1 to an extent of 2.09 cents; Sy.No. 34/2 to an extent of 9.46 cents, total extent Ac.11.55 cents, the 2nd petitioner's land in Sy.No. 30/3 to an extent of Ac.5.02 cents; Sy.No. 3/4 to an extent of 2.94 cents, 7.96 cents and the 3rd petitioners in Sy.No.30/3 and Sy.No. 30/3 and Sy.No. 30/4 to an extent of 2.96 cents situated at Otlapalem Revenue Village, Kambalapalli Gram Panchayat, Podalakur Mandal, SPSR Nellore District and pass such other orders...."
2. Though the petitioners made several allegations against the respondents, during the course of hearing learned counsel for the petitioners requested this Court to issue a direction to the respondents to dispose of the representation dated 06.09.2021 submitted by the petitioners, without touching the merits of the case. 2
3. Learned Government Pleader for Revenue appearing for respondents readily agreed to dispose of the representation dated 06.09.2021 submitted by the petitioners, 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.
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 be passed 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 himself requested to issue a direction to dispose of the representation dated 06.09.2021 submitted by the petitioners, I find no other alternative except to issue such direction.
6. In the result, Writ Petition is disposed of, directing the respondents to dispose of representation dated 06.09.2021 submitted by the petitioners, in accordance with law, within four (04) weeks from the date of receipt of a copy of this order. No costs.
As a sequel, miscellaneous applications pending, if any, shall also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 01.10.2021 KK 1 2019 (8) SCALE 544 3 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.22163 OF 2021 Date: 01.10.2021 KK