Cheelamolla Subbarayudu, vs The State Of Andhra Pradesh,
2021 Latest Caselaw 2264 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                   WRIT PETITION NO.12650 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

respondents 2 to 4 in not providing alternative site or

compensation to the assigned land in an extent of

Ac.5.00 cents in Sy.No.29511 of Samaluru Village,

Kondapuram Mandal, YSR Kadapa District issued vide

proceedings No.2589868/VVEL9/NE2 dated 01.10.1987

which has been submerged into Gandikota dam waters in

spite of representations being made to respondents 2 and 4

dated 09.09.2019 and 12.12.2020 without there being any

notice or land acquisition proceedings initiated as illegal,

arbitrary and unconstitutional and consequently direct the

respondents 2 to 4 to provide alternative site or

compensation to the land of petitioner which has been

submerged in Gandikota dam and pass such other order..."

2. Though the petitioner made several allegations against the

respondents, during hearing, Sri N.Ravi Prasad, learned counsel for

the petitioner limited his request to dispose of the representations

made by the petitioner dated 09.09.2019 and 12.12.2020, without

touching the merits of the case.

3. Learned Assistant Government Pleader for Land Acquisition,

appearing for respondents readily agreed to dispose of the

representations made by the petitioner dated 09.09.2019 and

12.12.2020, if any, pending with the respondent-authorities.

4. Recording the submissions 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

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

representations made by the petitioner dated 09.09.2019 and

12.12.2020, I find no other alternative, except to issue such

direction.

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

respondent authorities to dispose of the representations made by the

petitioner dated 09.09.2019 and 12.12.2020, in accordance with law,

within four (04) weeks from today. No costs.

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

also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 05.07.2021

IS

2019 (8) SCALE 544

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.12650 OF 2021

Date: 05.07.2021

IS