Citation : 2021 Latest Caselaw 2557 AP
Judgement Date : 23 July, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.14407 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 declaring the action of the Respondents in proceeding with auction without considering the Petitioner's representation dated 05.07.2021 and 12.07.2021 in respect of house bearing D.No. 2-189 in Revenue Ward No.7 Nidumolu Village, Movva Mandal, Krishna District as illegal, arbitrary Violation of principles of natural justice Violation of Articles 14 and 300A of The Constitution of India and consequently direct the Respondents to consider the Petitioners representation dated 05.07.2021 and 12.07.2021 in respect of house bearing D.No.2189 in Revenue Ward No. 7, Nidumolu Village, Movva Mandal, Krishna District.."
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
to dispose of the representations dated 05.07.2021 and 12.07.2021
submitted by the petitioners, without touching the merits of the case.
3. Learned Government Pleader for Revenue appearing for
respondents readily agreed to dispose of the representations dated
05.07.2021 and 12.07.2021 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 representations dated 05.07.2021 and
12.07.2021 submitted by the petitioners, I find no other alternative
except to issue such direction.
6. In the result, Writ Petition is disposed of, directing the 4th
respondent to dispose of representations dated 05.07.2021 and
12.07.2021 submitted by the petitioners, 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: 23.07.2021
KK
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.14407 OF 2021
Date: 23.07.2021
KK
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