N Eragam Reddy vs The State Of Ap
2021 Latest Caselaw 2326 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                   WRIT PETITION No.13098 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 the respondents 3 and 4 in not taking any action on the representation dated 21.06.2021 which was filed to restrict the activities of the 5th respondent in illegal encroachment of Government property admeasuring an extent of Ac.0.50 cents in Sy.No.379/2, situated in Guvvalagudem H/o Thuvvapalli Village, K.V.Palli Mandal, Chittoor District who is diverting the "Morava Canal" (excess water floating channel) of the "Ayyappanayuni Cheruvu" and causing inconvenience to the original ayacutdars of the said Tank is illegal, arbitrary and unconstitutional and consequently direct the respondents to stop the illegal work doing by the 5th respondent and pass such other order or orders.."

2. Though the petitioner made several allegations against the

respondents, during the course of hearing learned counsel for the

petitioner requested this Court to issue a direction to the respondents

3 & 4 to dispose of the representation dated 21.06.2021 submitted by

the petitioner, without touching the merits of the case.

3. Learned Government Pleader for Revenue appearing for

respondents readily agreed to dispose of the representation dated

21.06.2021 submitted by the petitioner, 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

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 21.06.2021 submitted

by the petitioner, I find no other alternative except to issue such

direction.

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

respondents 3 & 4 to dispose of representation dated 21.06.2021

submitted by the petitioner, in accordance with law, within four (04)

weeks from today. No costs.

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

also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date:08.07.2021

KK

2019 (8) SCALE 544

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.13098 OF 2021

Date: 08.07.2021

KK