Andhra Pradesh High Court - Amravati
Bobbara Appala Naidu, vs State Of Andhra Pradesh, on 30 June, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.10832 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 respondents in contemplating to
demolish/dispossess as from our thatched house
property constructed in 6 cents of gramakantham
land in S.No.259/2 covered by electricity service
Connection No.1152570006002269 situated in
Devarapalli Village and Mandal Visakhapatnam
District without issuing notice/opportunity and
without following the procedure established by law as
illegal arbitrary unconstitutional and violative of
Articles 14 & 300 A of Constitution of India and
consequently command the respondents not to
interfere with our peaceful possession and enjoyment
of subject house property in any manner by
considering our representation dated 14.05.2021."
During hearing, learned counsel for the petitioners, without
touching the merits of the case, requested this Court to issue a
direction to the respondents not to interfere with the possession of
the petitioners property and also requested to issue a direction to the
respondents to dispose of the representation of the petitioners dated
14.05.2021.
Learned Assistant Government Pleader for Revenue readily
agreed to dispose of the representation of the petitioners dated
14.05.2021, 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
2019 (8) SCALE 544
MSM,J
cases in overburdened adjudicatory institutions. But, they do no
service to the cause of justice. As the learned counsel for the
petitioners himself requested to issue a direction to dispose of the
representation dated 14.05.2021, 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 petitioners
dated 14.05.2021, in accordance with law, within four (04) weeks
from today. The respondents are also directed not to interfere with
the possession and enjoyment of the petitioners' property till passing
final orders. No costs.
Consequently, miscellaneous petitions pending, if any, shall
also stand closed.
_________________________________________
JUSTICE M. SATYANARAYANA MURTHY
Date: 30.06.2021
SP
