Andhra Pradesh High Court - Amravati
Sri. S. Hanuma Reddy vs The State Of Andhra Pradesh, on 5 October, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.22499 OF 2021
ORDER:
This 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 nature of
writ of Mandamus declaring the action of the respondents in not
considering the representation dt.31.08.2021 made by the petitioner
for release of the amount of Rs.9,75,325/ to the petitioner, inspite of
completion of the contract work entrusted to the petitioner i.e., (1)
Forecast of DGPS Coordinate Points (A B C D Blocks), (2) Forecast of
DGPS Coordinate Points (H I J K L Blocks) (3) Forecast of DGPS
Coordinate Points (E F G Block) in the layout prepared at Konijedu
Marlapadu and Kandulur Villages of Tangutur Mandal and
Sarvereddypalem and Yerajarla Villages of Ongole Mandal to an extent
of Ac.1307.26 cents as illegal, arbitrary and against the settled
principles of law and against Articles 14 and 21 of the Constitution of
India and against all the settles principles of law and consequently
direct the respondents to release the amount of Rs.9,75,325/-
immediately and to pass such other orders".
2. Though the petitioner made several allegations against the
respondents, during the course of hearing learned counsel for the
petitioner Sri Akkam Eshwar, requested this Court without touching
the merits of the case, to issue a direction to the respondents to
dispose of the representation dated 31.08.2021 submitted by the
petitioner.
3. Learned Assistant Government Pleader for Revenue appearing
for respondents readily agreed to dispose of the representation dated
31.08.2021 submitted by the petitioner, if any pending with the
respondent authorities.
4. In view of the submission of learned Assistant 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
make 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 petitioner himself requested to
issue a direction to dispose of the representation dated 31.08.2021
submitted by the petitioner, I find no other alternative except to issue
such direction.
6. In the result, Writ Petition is disposed of, directing the
respondent authorities to dispose of the representation dated
31.08.2021 submitted by the petitioner, in accordance with law,
within four (04) weeks from today. No costs.
As a sequel, miscellaneous applications pending, if any, shall
also stand closed.
_________________________________________
JUSTICE M. SATYANARAYANA MURTHY
Date: 05.10.2021
sj
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.22499 OF 2021
Date: 05.10.2021
sj
