Andhra Pradesh High Court - Amravati
Sri. Sangarakoteswara Rao vs The State Of Andhra Pradesh on 22 July, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.13351 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 in not considering the representation, dated
31.5.2021, made by the petitioner for release of an amount
of Rs.23,78,000/- to the petitioner., inspite of completion of
the contract work entrusted to the petitioner i.e., (1)
Transportation of Survey Stones from Mandal Head quarters
to the layout site (2) digging of one hole and planting stone in
it and (3) painting and numbering on survey stones in the
layout prepared at Konijedu, Marlapadu and Kandulur
Villages of Tangutur Mandal and Sarvereddypalem and
Yerajarla Villages of Ongole Mandal to an extent of 1307.26
cents as illegal, arbitrary and against the settled principles
of law and against Articles 14 and 21 of the Constitution of
India and against all the settled principles of law and
consequently direct the respondents to release the amount of
Rs.23,78,000/- immediately and to pass such order....
2. Though the petitioner made several allegations against the
respondents, during hearing, Sri Akkam Eswhar, learned counsel for
the petitioner limited his request for a direction to the respondent-
authorities to dispose of the representation, dated 31.5.2021
submitted by the petitioner, without touching the merits of the case.
3. Learned Assistant Government Pleader for Revenue, appearing
for respondents readily agreed to dispose of the representation,
dated 31.5.2021 submitted by the petitioner, if any, pending with the
respondent-authorities.
4. Recording the submissions of the learned Government Pleader
for Revenue, this Court 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 give a quick or easy disposal of
cases but overburdens the adjudicatory institutions and that they do
not serve the cause of justice.
5. As the learned counsel for the petitioner himself requested to
issue a direction to the respondent-authorities for disposal of the
representation, dated 31.5.2021 submitted by the petitioner and the
learned Government Pleader also agrees for the same, this Court
finds no other alternative, except to issue such direction.
6. In the result, the Writ Petition is disposed of, directing the
respondent-authorities to dispose of the representation, dated
31.5.2021 submitted by the petitioner, 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: 12.7.2021
GR
2019 (8) SCALE 544
