S.K. Viswanath Reddy vs The State Of Andhra Pradesh

Citation : 2022 Latest Caselaw 162 AP
Judgement Date : 17 January, 2022

Andhra Pradesh High Court - Amravati
S.K. Viswanath Reddy vs The State Of Andhra Pradesh on 17 January, 2022
     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                     WRIT PETITION No.20929 OF 2016

ORDER:

This petition is filed under Article 226 of the Constitution of India seeking the following relief:-

"....to issue an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in not taking any steps to protect and safeguard the Government Cheruvu Poromboke land in Sy. No. 164 situated at Ramannapet village, Gudur Mandal, Krishna District from encroachment by the unofficial respondents inspite of the written representations dated 07.05.2016 and 09.05.2016 respectively as being illegal, arbitrary and unjust and consequently direct the respondent authorities to forthwith remove the encroachments made in the Cheruvu Poromboke land and to restore the same and to pass such other order.."

2. Though the petitioner made several allegations against the respondents, during hearing, Sri P.L.Rao, learned counsel for the petitioner limited his request to dispose of representations, dated 07.05.2016 and 09.05.2016 pending before respondent authorities, without touching the merits of the case.

3. Learned Government Pleader for Revenue appearing for respondents readily agreed to dispose of the representations, dated 07.05.2016 and 09.05.2016, if any, pending with the respondent- authorities.

4. Recording the submissions made by the learned 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 1 2019 (8) SCALE 544 2 service to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to dispose of the representations, dated 07.05.2016 and 09.05.2016 pending before respondent authorities, I find no other alternative, except to issue such direction.

5. In the result, the Writ Petition is disposed of, directing respondent authorities to dispose of the representations, dated 07.05.2016 and 09.05.2016 pending before him, in accordance with law, within eight (08) weeks from the date of a receipt of copy of this order. There shall be no order as to costs.

6. As a sequel thereto, miscellaneous applications, pending, if any, shall also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 17.01.2022 psr 3 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION No.20229 OF 2016 Date: 17.01.2022 Psr.