Andhra Pradesh High Court - Amravati
M. Prabhakar vs The State Of Andhra Pradesh on 3 August, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.15464 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 the action of the respondent
authorities in not considering the representation of the petitioner
dated 18.3.2020 regarding the protection of the land in an extent of
Ac.5.09 cents of Nalagampalli Village granted for construction of the
Krida Vikas Kendram (KVK Stadium) an extent of Ac.1.66 cents in
Survey No.556/4B, an extent of Ac.0.25 cents in Survey No.556/5,
an extent of Ac.0.41 cents in Survey No.556/7, an extent of Ac.0.65
cents in Survey No.557/2A, an extent of Ac.0.65 cents in Survey
No.557/2B, an extent of Ac.0.57 cents in Survey No.558/1 and an
extent of Ac.0.89 cents in Survey No.558/2 of Nalagampalli Village,
Bangarupalyem, Chittoor District and the land for the purpose
College which is an extent of Ac.1.78 cents in Survey No.556/2, an
extent of Ac.0.50 cents in Survey No.556/2A, an extent of Ac.0.69
cents in Survey No.556/3 and an extent of Ac.0.25 cents in Survey
No.556/6 Nalagampalli Village, Bangarupalyem, Chittoor District
and total an extent of land Ac.8.31 cents of Nalagampalli Village,
Bangarupalyem, Chittoor District which the respondents authorities
are going to re allot for house pattas which were allotted to
construction Krida Vikas Kendram (KVK Stadium) and college as
illegal, contrary to law, arbitrary, against the principles of natural
justice and violation of Article 14 of the constitution of India without
jurisdiction and consequently to direct the respondents to consider
the representation of the petitioner dated 18.3.2020 there by
restraining respondents not to grant any house site pattas to third
parties which are originally allocated for Krida Vikas Kendratn
(KVK Stadium) and college 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 petitioner limited his request to dispose of the representation
made by the petitioner dated 18.03.2020, 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
18.03.2020 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
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
representation dated 18.03.2020 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 2nd
respondent to dispose of the representation submitted by the
petitioner dated 18.03.2020, 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.15464 OF 2021
Date: 03.08.2021
VSL
