Citation : 2021 Latest Caselaw 2302 AP
Judgement Date : 7 July, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.13019 OF 2021
ORDER:
This writ petition is filed under Article 226 of the Constitution
of India seeking the following relief:-
"....to issue a writ of Mandamus, declaring the proposed
action of the respondents in not taking/accepting the
applications from the petitioners for the scheme under
'Housing for all poor' i.e. Pedalandariki Illu scheme and
decide the eligibility in accordance with law as per scheme
guidelines given by Government of Andhra Pradesh as
arbitrary, illegal, unlawful and violative of principles of
natural justice and also violative of Article 14, 19, 300A of
Constitution of India and pass such other order or orders..."
2. Though the petitioners made several allegations against the
respondents, during hearing, Sri S. Satish Babu, learned counsel for
the petitioners limited his request to direct the respondent
authorities to receive the applications of the petitioners and consider
them in accordance with law, without touching the merits of the
case.
3. Learned Assistant Government Pleader for Revenue, appearing
for respondents readily agreed to receive the applications of the
petitioners and consider them in accordance with law.
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",
2019 (8) SCALE 544
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
respondent authorities to receive and dispose of the applications of
the petitioners, 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 receive the applications submitted by the
petitioners under 'Pedalandariki illu' scheme and consider the same
in accordance with law, as expeditiously as possible and not later
than a period of three (03) months 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
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.13019 OF 2021
Date: 07.07.2021
IS
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