Andhra Pradesh High Court - Amravati
Challa Nagaiah vs The State Of Andhra Pradesh, on 1 October, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.22163 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 2nd respondent not
considering the representation dated 06.09.2021 made by the
petitioners pertaining to the loss causing by the unofficial
respondent, who is illegally digging water from the site found through
our lands action regarding lands in Sy.No.34/1 to an extent of 2.09
cents; Sy.No. 34/2 to an extent of 9.46 cents, total extent Ac.11.55
cents, the 2nd petitioner's land in Sy.No. 30/3 to an extent of Ac.5.02
cents; Sy.No. 3/4 to an extent of 2.94 cents, 7.96 cents and the 3rd
petitioners in Sy.No.30/3 and Sy.No. 30/3 and Sy.No. 30/4 to an
extent of 2.96 cents situated at Otlapalem Revenue Village,
Kambalapalli Gram Panchayat, Podalakur Mandal, SPSR Nellore
District, is highly illegal, arbitrary, unconstitutional, unjust, violation
of Principles of Natural Justice and also in violation of Articles 14
and 300-A of the Constitution of India and consequently direct the
respondent Nos. 4 and 5 to consider the representation dated made
by the petitioners pertaining to the loss causing by the unofficial
respondent who is illegally digging water from the site found through
our lands action regarding lands in Sy.No.34/1 to an extent of 2.09
cents; Sy.No. 34/2 to an extent of 9.46 cents, total extent Ac.11.55
cents, the 2nd petitioner's land in Sy.No. 30/3 to an extent of Ac.5.02
cents; Sy.No. 3/4 to an extent of 2.94 cents, 7.96 cents and the 3rd
petitioners in Sy.No.30/3 and Sy.No. 30/3 and Sy.No. 30/4 to an
extent of 2.96 cents situated at Otlapalem Revenue Village,
Kambalapalli Gram Panchayat, Podalakur Mandal, SPSR Nellore
District and pass such other orders...."
2. Though the petitioners made several allegations against the
respondents, during the course of hearing learned counsel for the
petitioners requested this Court to issue a direction to the
respondents to dispose of the representation dated 06.09.2021
submitted by the petitioners, without touching the merits of the case.
3. Learned Government Pleader for Revenue appearing for
respondents readily agreed to dispose of the representation dated
06.09.2021 submitted by the petitioners, if any pending with the
respondent authorities.
4. In view of the submission of Government Pleader for Revenue
appearing for respondents, I need not decide the truth or otherwise of
the allegations made in the petition.
5. 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 be
passed for a quick or easy disposal of cases in overburdened
adjudicatory institutions but, they do not serve to the cause of justice.
As the learned counsel for the petitioners himself requested to issue a
direction to dispose of the representation dated 06.09.2021 submitted
by the petitioners, I find no other alternative except to issue such
direction.
6. In the result, Writ Petition is disposed of, directing the
respondents to dispose of representation dated 06.09.2021 submitted
by the petitioners, in accordance with law, within four (04) weeks
from the date of receipt of a copy of this order. No costs.
As a sequel, miscellaneous applications pending, if any, shall
also stand closed.
_________________________________________
JUSTICE M. SATYANARAYANA MURTHY
Date: 01.10.2021
KK
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.22163 OF 2021
Date: 01.10.2021
KK
