Guttlapally Kondalu Rao S/O. ... vs The State Of Andhra Pradesh Rep By ...

Citation : 2022 Latest Caselaw 1349 AP
Judgement Date : 16 March, 2022

Andhra Pradesh High Court - Amravati
Guttlapally Kondalu Rao S/O. ... vs The State Of Andhra Pradesh Rep By ... on 16 March, 2022
     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                WRIT PETITION NO.34771 OF 2017
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 respondents particularly respondents 6 to 8 are trying to dispossess the petitioner from their respective lands in Survey no.138 and 140 of Ayyapurajuvaripalem village, Marripudi mandalam, Prakasam District without considering the representation of the petitioner dated 03.10.2017 is illegal, arbitrary and against the principles of natural justice and without following due process of law and also in violation of Articles 14,19,21 and 300-A of Constitution of India and consequently direct the respondents not to dispossess the petitioner from their respective lands without following due process of law in the interest of justice and pass such other order or orders" .

2. Though the petitioner made several allegations against the respondents, during hearing Sri Tenepalli Niranjan, learned counsel for the petitioner limited his request to dispose of the representation dated 03.10.2017 made by the petitioner, without touching the merits of the case.

3. Learned Assistant Government Pleader for Revenue, appearing for respondents readily agreed to dispose of the representation dated 03.10.2017 submitted by the petitioner, if any, pending with the respondent-authorities.

4. Recording the submissions of the learned Assistant 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 2 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 serve to the cause of justice. As the learned counsel for the petitioner requested to issue a direction to dispose of the representation dated 03.10.2017 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 03.10.2017 submitted by the petitioner and pass appropriate order in accordance with law, within four (4) weeks from the date of receipt of 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: 16.03.2022 PGT 1 2019 (8) SCALE 544 3 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.34771 OF 2017 Date: 16.03.2022 PGT