Nidanapu Subba Rao vs The State Of Andhra Pradesh,
2021 Latest Caselaw 2807 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                 WRIT PETITION NO.15527 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 action of respondent Nos.2 to 5 in not taking any action inspite of the 4th respondents report vide Rc.A./227/2010, dated 16.10.2010 in regarding to the Kunta Poramboku land in an extent of Ac.11.00 cents in Sy.No.39 of Gangavaram Village, Santhanuthalapadu Mandal, Prakasam District, for protecting the land from encroachers by considering the representations dated 16.5.2016 and 11.5.2021 as illegal, arbitrary and contrary to the provisions of the principles of natural justice and Article 14 of the constitution of India against the Board Standing Orders and consequently direct respondent Nos.2 to 5 respondents to take action against the encroachers and protect the Kunta Poramboku basing on the report of the 4th respondent vide Rc.A./227/2010 dated 16.10.2010 with regard to the above mentioned property by considering the representation dated 16.5.2016 and 11.5.2021 and pass such other order or orders."

2. Though the petitioner made several allegations against the

respondents, during hearing, Smt.Marella Radha, learned counsel for

the petitioners limited his request to dispose of the representations

made by the petitioners dated 16.05.2016 and 11.05.2021, without

touching the merits of the case.

3. Learned Assistant Government Pleader for Revenue, appearing

for respondents readily agreed to dispose of the representations

dated 16.05.2021 and 11.05.2021 submitted by the petitioners, 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

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

petitioners herself requested to issue a direction to dispose of the

representations dated 16.05.2021 and 11.05.2021 submitted by the

petitioners, I find no other alternative, except to issue such direction.

5. In the result, the Writ Petition is disposed of, directing

respondents to dispose of the representations submitted by the

petitioners dated 16.05.2021 and 11.05.2021, in accordance with

law, within four (04) weeks from today, by giving opportunity to the

concerned. No costs.

As a sequel miscellaneous application, pending, if any, shall

also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 03.08.2021

VSL

2019 (8) SCALE 544

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.15527 OF 2021

Date: 03.08.2021

VSL