Citation : 2021 Latest Caselaw 2608 AP
Judgement Date : 26 July, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.14263 OF 2018
ORDER:
This writ petition is filed under Article 226 of the Constitution
of India seeking the following relief:-
"......to issue a writ of Mandamus, declaring the action of respondents in not considering the representations of the petitioner dt.04.01.2018 and 11.04.2018 for payment of compensation in respect of the land to an extent of .0.38 Hec. (Ac.0.95 cents) in Sy.No.40/2 of Mallavaram Mamillu Village, Addateegala Mandal, East Godavari District, as wholly illegal, arbitrary and consequently direct the respondents to consider representations of the petitioner dt.04.01.2018 and 11.04.2018 for payment of compensation in the interest of justice and to pass such other order.."
2. Though the petitioner made several allegations against the
respondents, during hearing, Sri K. Venkatesh, learned counsel for
the petitioner limited his request to examine the representations
dated 04.01.2018 and 11.04.2018 submitted by the petitioner and
dispose of the same, in accordance with law, without touching the
merits of the case.
3. Learned Government Pleader for Land Acquisition appearing
for the respondents readily agreed to consider and dispose of the
representations submitted by the petitioner, if any, pending with the
respondent-authorities.
4. In view of the learned Government Pleader for Land
Acquisition, 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
2019 (8) SCALE 544
Court held that such orders may make for a quick or easy disposal of
cases in overburdened adjudicatory institutions. But, they do no
service to the cause of justice. As the learned counsel for the
petitioner himself requested to issue a direction to the respondent
authorities to examine the representations dated 04.01.2018 and
11.04.2018 submitted by the petitioner and dispose of the same, in
accordance with law, I find no other alternative, except to issue such
direction.
5. In the result, the Writ Petition is disposed of, directing the
respondent authorities to examine the representations dated
04.01.2018 and 11.04.2018 submitted by the petitioner and
dispose of the same, 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: 26.07.2021
IS
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.14263 OF 2018
Date: 26.07.2021
IS
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