Citation : 2021 Latest Caselaw 3886 AP
Judgement Date : 1 October, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.22232 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 the 4th Respondent in not responding to the representation dated 24.08.2021 to enquire into the issue and remove the fence on the path way to Sy.Nos. 494, 481 and the way to petitioners well at Settigaripalli Village, Chittoor Mandal, Chittoor District, without following due process of law as illegal, arbitrary and in violation of principle of natural justice and violation of Article 14 and 300-A of the Constitution of India and consequently direct the 4th Respondent to complete the process of proper enquiry in accordance with Law 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 24.08.2021
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
24.08.2021 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 24.08.2021 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 4th
respondent/ Tahsildar to dispose of representation dated 24.08.2021
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.22232 OF 2021
Date: 01.10.2021
KK
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