THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.34326 OF 2017
ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:-
"....to issue an appropriate writ order or direction particularly one in the nature of writ of Mandamus directing the respondents 2 to 4 to take necessary action on the representation dated 06.09.2017 made by the petitioner against the borwell dug illegally and unauthorisedly in the property situate in Sy. Nos. 26 and 27 of Cheemalapalli Village, Pendurthi Mandal, Visakhapatnam District declaring their inaction as illegal and ultra vires to Article 14 of the Constitution of India and contrary to the provisions of the A.P. Water and Land Trees Act "
2. Though the petitioner made several allegations against the respondents, during hearing, M/s K.Srinivasula Reddy, learned counsel for the petitioner limited his request to issue a direction to the official respondents to dispose of the representation made by the petitioner dated 06.09.2017 in accordance with law, without touching the merits of the case.
3. Learned Government Pleader for Revenue readily agreed to dispose of the representation dated 06.09.2017 submitted by the petitioner, in accordance with law, if any, pending with the respondent-authorities.
4. In view of the submissions of learned Government Pleader for Revenue, this Court 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 not 1 2019 (8) SCALE 544 2 serve to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to the official respondents to dispose of the representation, dated 06.09.2017 submitted by the petitioner, I find no other alternative, except to issue such direction.
5. With the above direction, the Writ Petition is disposed of, directing the official respondents to dispose of the representation dated 06.09.2017 submitted by the petitioner, in accordance with law, within four (04) weeks from the date of receipt of a copy of this order.
As a sequel miscellaneous application, pending, if any, shall also stand closed.
__________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 28.04.2022 psr 3 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY (Disposed of) WRIT PETITION NO.34326 OF 2017 Date: 28.04.2022 psr