THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.44523 OF 2016
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 inaction on the part of the Respondents 2 to 7 on the petitioners representation dt.08.12.2016 submitted to close the Borewell illegally excavated by the 8th respondent on the eastern side of his house and site property admeasuring 325 square yards bearing Door No.1292 situated near Pogadachetla Mandapam in Agiripalli Gram Panchayat and Mandal of Krishna District, as illegal, irregular, amounts to non discharge of legal obligation conferred under the provisions of Andhra Pradesh Water Land and Trees Act, 2002 and Rules framed there under and offends Articles 14 of the Constitution of India and consequently direct the Respondents 2 to 7 to close the said bore well and disconnect power supply to the said bore well being availed stealthily by the 8th respondent and pass such other order or orders."
Though the petitioner made several allegations against the respondents, during hearing, Mr.D.Sarath Kumar, learned counsel for the petitioner limited his request to dispose of the representation dated 08.12.2016 made by the petitioner, without touching the merits of the case.
3. Learned Government Pleader for Revenue, appearing for respondents readily agreed to dispose of the representation dated 08.12.2016 submitted by the petitioner, if any, pending with the respondent-authorities.
4. Recording the submissions of 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 2 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 08.12.2016 submitted by the petitioner, I find no other alternative, except to issue such direction.
5. In the result, the Writ Petition is disposed of, directing the respondents to dispose of the representation dated 08.12.2016 submitted by the petitioner and pass appropriate order in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order, if it is pending. No costs.
As a sequel miscellaneous application, pending, if any, shall also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 21.01.2022 PKR 1 2019 (8) SCALE 544 3 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.44523 OF 2016 Date:21.01.2022 PKR