Citation : 2021 Latest Caselaw 2892 AP
Judgement Date : 5 August, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.16184 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 inaction of the respondents in conducting an enquiry by considering the representation given by the petitioners vide dated 17.06.2021 as illegal, arbitrary and high handedness and consequently to direct the respondents herein not to dispossess the petitioners from the subject lands in R.S.No.140 without following due process of law and pass such other orders...."
2. Though the petitioners made several allegations against the
respondents, during the course of hearing learned counsel for the
petitioners requested this Court to issue a direction to the
respondents to dispose of the representation dated 17.06.2021
submitted by the petitioners, without touching the merits of the case.
3. Learned Government Pleader for Revenue appearing for
respondents readily agreed to dispose of the representation dated
17.06.2021 submitted by the petitioners, if any pending with the
respondent authorities.
4. In view of the submission of Government Pleader for Revenue
appearing for respondents, I need not decide the truth or otherwise of
the allegations made in the petition.
5. 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 be
2019 (8) SCALE 544
passed 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 17.06.2021 submitted
by the petitioners, I find no other alternative except to issue such
direction.
6. In the result, Writ Petition is disposed of, directing the 2nd
respondent to dispose of representation dated 17.06.2021 submitted
by the petitioners, in accordance with law, within four (04) weeks
from the date of receipt of a copy of this order. No costs.
As a sequel, miscellaneous applications pending, if any, shall
also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY
Date: 05.08.2021
KK
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.16184 OF 2021
Date: 05.08.2021
KK
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