Andhra Pradesh High Court - Amravati
Sanka Nageswara Rao vs State Of Andhra Pradesh, on 15 June, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
Writ Petition No.10373 of 2021
ORDER:
This writ petition is filed under Article 226 of the
Constitution of India seeking the following relief:
"to issue a Writ or order or direction more particularly
one in the nature of Writ of Mandamus declaring the action of the
3rd respondent in trying to release the compensation amount in
favour of the respondents 5 to 7 in respect of the land in
Sy.No.4/4 to an extent of Ac.2-40 guntas and in Sy.No.26/5 to
an extent of Ac.2-45 guntas situated at Thotapalli Village,
Yatapaka Mandal of East Godavari District, without finalizing
objection petition dated 12.04.2021 sent through registered post,
as illegal, arbitrary and violative of principles of natural justice
and consequently direct the 3rd respondent to make a reference of
the matter under Sec.64 of the Act to the Competent Authority
under Right to Fair Compensation Resettlement Act, 2013, by
way of depositing the compensation amount under Sec.77 of the
Act before said Authority and pass such other or further
orders......"
Though the petitioner made several allegations against the
respondents, during hearing, learned counsel for the petitioner
requested this Court, without touching the merits of the case, to
issue a direction to the respondents to dispose of the
representation of the petitioner dated 12.04.2021.
Learned Assistant Government Pleader for Land Acquisition
readily agreed to dispose of the representation of the petitioner
dated 12.04.2021, if any pending with the authorities.
In view of the submission of the learned Assistant
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 Court held that such orders may
2019 (8) SCALE 544
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 dispose of the representation dated
12.04.2021, I find no other alternative except to issue such
direction.
In the result, the writ petition is disposed of, directing the
respondents to dispose of the representation dated 12.04.2021, in
accordance with law, within four (4) weeks from today. No costs.
The miscellaneous petitions pending, if any, shall also stand
closed.
____________________________________________
JUSTICE M.SATYANARAYANA MURTHY
Date: 15.06.2021
KLPD
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.10373 OF 2021
Date: 15.06.2021
KLPD
