Andhra Pradesh High Court - Amravati
Kadarampalli Tippeswamy vs The State Of Andhra Pradesh on 30 July, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.15029 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
3rd respondent in not considering the petitioners
representation and legal notice dated 19.04.2021 in
providing police protection to the petitioner to prevent the
illegal activities of the 4th respondent in the land
admeasuring Ac.0.26 cents including bore well in Survey
No.161 of West Kodipally Village, Brahmasamudram
Mandal, Anantapuramu District as illegal, arbitrary and
against the principles of natural justice and consequently
direct the 3rd respondent to provide police protection to the
petitioner to prevent the illegal activities of 4th respondent in
the land admeasuring Ac.0.26 cents including bore well in
Survey No.161 of West Kodipally Village, Brahmasamudram
Mandal, Anantapuramu District by considering his legal
notice dated 19.04.2021 and to pass such other order or
orders."
2. Though the petitioner made several allegations against the
respondents, during hearing, Sri Seshadri Goalla, learned counsel
for the petitioner limited his request to dispose of the representation
dated 26.03.2021 and legal notice dated 19.04.2021 made by the
petitioner, without touching the merits of the case.
3. Learned Assistant Government Pleader for Revenue, appearing
for respondents readily agreed to dispose of the representation dated
26.03.2021 and legal notice dated 19.04.2021 submitted by the
petitioner, if any, pending with the respondent-authorities.
4. Recording the submissions of the learned Government Pleader
for Revenue, 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 petitioner
himself requested to issue a direction to dispose of the
representation dated 26.03.2021 and legal notice dated 19.04.2021
submitted by the petitioner, 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 representation dated 26.03.2021 and
legal notice dated 19.04.2021 submitted by the petitioner, 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.15029 OF 2021
Date: 30.07.2021
VSL
