Kantipudi Rama Rao vs The State Of Andhra Pradesh, Rep. ...
2021 Latest Caselaw 2753 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                 WRIT PETITION NO.39916 OF 2016
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 representations dated 28.07.2016 and 08.11.2016 submitted by the petitioners is illegal arbitrary contrary to the provisions of law by issuing a writ of Mandamus or any other appropriate writ order or direction to the respondents to consider the representations dated 28.07.2016 and 08.11.2016 made by the petitioners and consequently withhold the compensation cheque till pending disposal of the main case and pass such other or orders."

2. Though the petitioners made several allegations against the

respondents, during hearing, Sri D.V.Ramana Sarma, learned

counsel for petitioners limited his request to dispose of the

representations made by the petitioners dated 28.07.2016 and

08.11.2016, without touching the merits of the case.

3. Learned Government Pleader for Land Acquisition and learned

Government Pleader for Irrigation, appearing for respondents readily

agreed to dispose of the representations dated 28.07.2016 and

08.11.2016 submitted by the petitioners, if any, pending with the

respondent-authorities.

4. Recording the submissions of the learned Government Pleader

for Land Acquisition and learned Government Pleader for Irrigation, 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 petitioners himself

requested to issue a direction to dispose of the representations dated

28.07.2016 and 08.11.2016 submitted by the petitioners, 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 representations submitted by the

petitioners dated 28.07.2016 and 08.11.2016, 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: 30.07.2021

VSL

2019 (8) SCALE 544

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.39916 OF 2016

Date: 30.07.2021

VSL