Citation : 2021 Latest Caselaw 2680 AP
Judgement Date : 28 July, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.14463 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 Respondents in not considering the Petitioners representation dated 15.03.2021 not to make any constructions contrary to the approved layout plan in R.S.No. 99/5, 99/6 and 99/7 part of Kanuruagraharam Village, Peravali Mandal, West Godavari District, as illegal, arbitrary colourable exercise of power, violation of principles of Natural Justice violation of Articles 14 and 300-A of the Constitution of India and consequently, direct the Respondents to consider the Petitioners representation dated 15.03.2021 not to make any constructions contrary to the approved layout plan in R.S.No. 99/5, 99/6 and 99/7 part of Kanuruagraharam Village, Peravali Mandal, West Godavari District...."
2. Though the petitioners made several allegations against the
respondents, during the course of hearing learned counsel for the
petitioners requested this Court without touching the merits of the
case, to issue a direction to the respondents to dispose of the
representation dated 15.03.2021 submitted by the petitioners.
3. Learned Government Pleader for Revenue appearing for
respondents readily agreed to dispose of the representation dated
15.03.2021 submitted by the petitioners, 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
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 petitioners himself requested to
issue a direction to dispose of the representation dated 15.03.2021
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
respondents to dispose of representation dated 15.03.2021 submitted
by the petitioners, in accordance with law, within four (04) weeks
from the date of receipt of a copy of this order. No costs.
As a sequel, miscellaneous applications pending, if any, shall
also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY
Date: 28.07.2021
KK
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO. 14463 OF 2021
Date: 28.07.2021
KK
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