Boddepalli Eswara Rao vs The State Of Andhra Pradesh,
2021 Latest Caselaw 2553 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                 WRIT PETITION NO.13722 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 respondent Nos.3 to 8 to conduct proper enquiry on petitioner's representation dated 29.06.2021 to take legal action on the illegal encroachments and constructions by the 9th respondent in the Surappa Irrigation Tank and its irrigation canals in Sy.No.108 for an extent of Ac.0-08 cents at Loddalapeta Village, Belamam Post, Amadalavalasa Mandal, Srikakulam District is highly illegal, arbitrary and violation of Articles 14 and 21 of Constitution of India and violation of principles of natural justice and consequently direct the respondent Nos.3 to 8 to conduct proper enquiry on petitioner's representation dated 29.06.2021 as mentioned above and pass such other order or orders."

2. Though the petitioner made several allegations against the

respondents, during hearing, Sri T.Tejeswara Rao, learned counsel

for the petitioner limited his request to dispose of the representation

made by the petitioner dated 29.06.2021, without touching the

merits of the case.

3. Learned Assistant Government Pleader for Revenue, appearing

for respondents readily agreed to dispose of the representation

29.06.2021 submitted by the petitioner, if any, pending with the

respondent-authorities.

4. Recording the submissions of the learned 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 dispose of the

representation dated 29.06.2021 submitted by the petitioner, I find

no other alternative, except to issue such direction.

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

respondents to dispose of the representation submitted by the

petitioner dated 29.06.2021, in accordance with law, within four (04)

weeks from today, by giving opportunity to the concerned. No costs.

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

also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 23.07.2021

VSL

2019 (8) SCALE 544

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.2734 OF 2015

Date: 23.07.2021

VSL