Citation : 2021 Latest Caselaw 4504 AP
Judgement Date : 3 November, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.16678 OF 2015
ORDER:
This petition is filed under Article 226 of the Constitution of
India seeking the following relief:-
"....to issue a Writ of Mandamus, declaring the inaction of respondents in considering the representation, dated 18.05.2015 submitted by petitioners seeking to remove the unauthorised constructions in R.S.No.360/2 in Devaguptam Village, Allavaram Mandal, East Godavari District, as illegal, arbitrary, violative of Article 300-A of the Constitution of India and consequently direct the respondents to consider the representation, dated 18.05.2015 submitted by petitioners and initiate necessary action in accordance with law and pass such other order."
2. Though the petitioner made several allegations against the
respondents, during hearing, Sri S.Ganesh, learned counsel for
petitioners limited his request to dispose of representation, dated
18.05.2015 pending before the 4th respondent/Tahsildar, without
touching the merits of the case.
3. Learned Assistant Government Pleader for Revenue appearing
for respondents readily agreed to dispose of the representation, if
any, pending with the respondent-authorities.
4. Recording the submissions made by 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
2019 (8) SCALE 544 or easy disposal of cases in overburdened adjudicatory institutions.
But, they do no service to the cause of justice. As the learned counsel
for petitioners himself requested to issue a direction to dispose of the
representation, dated 18.05.2015 pending before
4th respondent/Tahsildar, I find no other alternative, except to issue
such direction.
5. In the result, the Writ Petition is disposed of, directing
respondent No.4/Tahsildar to dispose of the representation, dated
18.05.2015, pending before him, in accordance with law, within eight
(08) weeks, from the date of receipt of a copy of this order. There shall
be no order as to costs.
As a sequel thereto, miscellaneous applications, pending,
if any, shall also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY
Date: 27.10.2021
IS THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.16678 OF 2015
Date: 27.10.2021
IS
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