Citation : 2021 Latest Caselaw 2154 AP
Judgement Date : 25 June, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.11970 OF 2021
ORDER:
This writ petition is filed under Article 226 of the Constitution
of India seeking the following relief:
"to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of mandamus, declaring the action of respondent No.2 in not disposing of the representation petition dated 16.12.2020, but sent on 17.12.2020, through register post, got submitted, seeing to declare that the 7th respondent namely M/s.Golden Granites R.L.Puram, is not entitled to obtain No Objection Certificate for mining from the respondents No.2 to 4 in respect of the land to an extent of Ac.2.00 cents out of Ac.6.78 cents situated in Sy.No.55/6 of R.L.Puram Village, as their title is in dispute, being illegal, arbitrary and violation of Article 14 and 300-A of the Constitution of India and consequently direct the respondent No.2 to dispose of the representation petition got submitted by the petitioner dated 16.12.2020, but sent on 17.12.2020, through registered post in accordance with law'.
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,
requests this Court to issue a direction to the respondents to dispose
of the representation of the petitioner dated 16.12.2020.
Learned Assistant Government Pleader for Revenue readily
agreed to dispose of the representation of the petitioner dated
16.12.2020, if any, pending with the respondents authorities.
In view of the submission of the learned Assistant Government
Pleader for Education, 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
2019 (8) SCALE 544
Court held that such orders may make for a quick or easy disposal of
cases in overburdened adjudicatory institutions. But, they do not
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 16.12.2020 of the petitioner, 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
16.12.2020, 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: 25.06.2021 tm
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.11970 OF 2021
Date: 25-06-2021 tm
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