THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.22232 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 4th Respondent in not responding to the representation dated 24.08.2021 to enquire into the issue and remove the fence on the path way to Sy.Nos. 494, 481 and the way to petitioners well at Settigaripalli Village, Chittoor Mandal, Chittoor District, without following due process of law as illegal, arbitrary and in violation of principle of natural justice and violation of Article 14 and 300-A of the Constitution of India and consequently direct the 4th Respondent to complete the process of proper enquiry in accordance with Law 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 24.08.2021 submitted by the petitioners, without touching the merits of the case.
3. Learned Government Pleader for Revenue appearing for respondents readily agreed to dispose of the representation dated 24.08.2021 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. 2 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 24.08.2021 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 4th respondent/ Tahsildar to dispose of representation dated 24.08.2021 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.22232 OF 2021 Date: 01.10.2021 KK