Citation : 2021 Latest Caselaw 2007 AP
Judgement Date : 16 June, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.9176 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 inaction of the respondents in considering the petitioner's representation dated 02.04.2021 to take necessary action to remove the encroachments in a layout earmarked road in Survey No.101 situated at Manesamudram Panchayath, Hindupur Mandal, Anantapur District which is meant for usage of all plot owners in the colony as illegal, arbitrary, unjust and violative of Articles 14, 21 and 19(a)(g) of the Constitution of India and consequently direct the respondents to remove encroachments in above said property."
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 02.04.2021.
Learned Assistant Government Pleader for Revenue readily
agreed to dispose of the representation of the petitioner dated
02.04.2021, if any pending with the authorities.
In view of the submission of the learned Assistant 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 no
service to the cause of justice. As the learned counsel for the
petitioner himself requested to issue a direction to dispose of the
2019 (8) SCALE 544 MSM,J WP_9176_2021
representation dated 02.04.2021, 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 of the petitioner dated
02.04.2021, 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 16.06.2021 Ksp
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