Elipe Balaswamy, vs The State Of Andhra Pradesh
2021 Latest Caselaw 4105 AP

       THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                         WRIT PETITION NO.23852 OF 2021
ORDER:

This writ petition is filed under Article 226 of the Constitution

of India seeking the following relief:

"to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in considering the representation of the petitioner dated 27.09.2021 with regard to shifting of Buffalo dung wastage dump yard and Bio gas plant of the 9t respondent to other place as it releases hazardous noxious air and water pollution consequently causing health problems as illegal arbitrary and violative of principles of Articles 14 & 300-A of the Constitution of India and consequently direct the respondents to shift buffalo dung wastage dump yard and Bio gas plant of the 9th respondent to other place from the back side of the house of the petitioner as expeditiously as possible to save the life of the petitioner and his family members."

Though the petitioner made several allegations against the

respondents, during hearing, learned counsel for the petitioner

requested this Court, without touching the merits of the case, to

issue a direction to the respondents to dispose of the representation

of the petitioner dated 27.09.2021.

Learned Assistant Government Pleader for Revenue readily

agreed to dispose of the representation of the petitioner dated

27.09.2021, 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

cases in overburdened adjudicatory institutions. But, they do no

service to the cause of justice. As the learned counsel for the

2019 (8) SCALE 544 MSM,J WP_23852_2021

petitioner himself requested to issue a direction to dispose of the

representation dated 27.09.2021, I find no other alternative except to

issue such direction.

In the result, the writ petition is disposed of, directing the

Respondent Nos. 3 & 4 to dispose of the representation dated

27.09.2021, in accordance with law, within four (4) weeks from

today. No costs.

Consequently, miscellaneous petitions pending, if any, shall

also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date:20.10.2021

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