Citation : 2021 Latest Caselaw 2298 AP
Judgement Date : 7 July, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.13061 OF 2021
ORDER:
This writ petition is filed under Article 226 of the Constitution
of India seeking the following relief:-
"....to issue an appropriate Writ, Order or Direction, more
particularly one in the nature of Writ of Mandamus declare
that the inaction of the 2nd respondent to take action against
the 4th respondent and his henchmen for illegal digging of
gravel and transporting in Buravari Cheruvu in Sy.No.48 an
extent of Ac.17.35 cents situated at Chinna Jaggampet
Village, Gollaprolu Mandal, East Godavari District is illegal,
unjust and against the law and consequently directing the
2nd respondent to stop the 4th respondent and his henchmen
for illegal digging of gravel and transporting and to pass
such other order..."
2. Though the petitioner made several allegations against the
respondents, during hearing, Sri Y. Narapa Reddy, learned counsel
for the petitioner limited his request to direct the 2nd respondent to
dispose of the complaint made by the petitioner dated 26.06.2021,
without touching the merits of the case.
3. Learned Assistant Government Pleader for Revenue, appearing
for respondents 2 & 3 readily agreed to dispose of the complaint
made by the petitioner dated 26.06.2021, if any, pending with the
respondent-authorities.
4. Recording the submissions of the learned Assistant
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 petitioner himself requested to issue a direction to the 2nd
respondent to dispose of the complaint made by the petitioner dated
26.06.2021, 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 complaint made by the petitioner dated
26.06.2021, 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: 07.07.2021
IS
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.13061 OF 2021
Date: 07.07.2021
IS
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