Citation : 2021 Latest Caselaw 5383 AP
Judgement Date : 20 December, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.26112 OF 2018
ORDER:
This writ petition is filed under Article 226 of the Constitution
of India seeking the following relief:
"to issue a writ, order or a direction, more particularly one in the nature of Writ of Mandamus declaring that the action of Respondents in acquiring the Petitioners' land admeasuring Ac.4.00 Cents in Survey No.15/A situated at Brahmanapalli Village, Vorvakal Mandal, Kurnool District without paying compensation under the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 as illegal, arbitrary, unsustainable, untenable, motivated, arbitrary against law as well as principles of natural justice and consequentially direct the Respondents to pay the compensation for acquiring the land for the purpose of establishment of Industrial Hub by the 2nd Respondent as per G.O.Ms.No.259 dated 21.06.2016 as per the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013."
Though the petitioners made several allegations against the
respondents, during hearing, learned counsel for the petitioners
requested this Court, without touching the merits of the case, to
issue a direction to the respondents to dispose of the representations
of the petitioners dated 02.01.2018 and 03.03.2021.
Learned Government Pleader for Land Acquisition readily
agreed to dispose of the representations of the petitioners dated
02.01.2018 and 03.03.2021, if any pending with the authorities.
In view of the submission of the learned Government Pleader
for Land Acquisition, 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
2019 (8) SCALE 544 MSM,J WP_26112_2018
cases in overburdened adjudicatory institutions. But, they do no
service to the cause of justice. As the learned counsel for the
petitioners himself requested to issue a direction to dispose of the
representations dated 02.01.2018 and 03.03.2021, I find no other
alternative except to issue such direction.
In the result, the writ petition is disposed of, directing the
respondents to dispose of the representations dated 02.01.2018 and
03.03.2021, in accordance with law, within four (4) weeks from
today. No costs.
The miscellaneous petitions pending, if any, shall also stand
closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY 20.12.2021 Ksp
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