Geddam Maartamma, vs The State Of Andhra Pradesh,
2021 Latest Caselaw 2577 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                    WRIT PETITION NO.14361 OF 2021

ORDER:

This 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 inaction of the respondents in not considering the application dt.16.06.2021 permitting the petitioner to erect a small pipe culvert field channel(Bode) popularly known as Pantulugari Bode of Saripalli Village for a width of 4 feet for using as a pathway to reach her property situated an extent of 164.88 Sq. Yards situated in RS No.308 nearby D.No.4-31, Saripalli Village of Narsapuram Mandal is illegal arbitrary under the provisions of Andhra Pradesh Irrigation (Construction and Maintenance of water Courses) Act1965 and in violation of Articles 14, 19, 21 of the Constitution of India consequently direct the respondents to consider petitioner representation dt.16 06 2021 as per the provisions of Andhra Pradesh Irrigation (Construction and Maintenance of water Courses) Act1965 in the interest of justice and to pass such other order or orders as may deem fit and proper in the circumstances of the case".

2. Though the petitioner made several allegations against the

respondents, during the course of hearing learned counsel for the

petitioner Sri Dasari S.V.V.S.V.Prasad, requested this Court without

touching the merits of the case, to issue a direction to the

respondents to dispose of the representation dated 16.06.2021

submitted by the petitioner.

3. Learned Assistant Government Pleader for Revenue, appearing

for respondents readily agreed to dispose of the representation dated

16.06.2021 submitted by the petitioner, if any pending with the

respondent authorities.

4. In view of the submission of learned Assistant 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

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 16.06.2021

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

respondent authorities to dispose of the representation dated

16.06.2021 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: 24.07.2021

sj

2019 (8) SCALE 544

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.14361 OF 2021

Date: 24.07.2021

sj