Thumma Omkar vs State Of Andhra Pradesh
2021 Latest Caselaw 4168 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                     WRIT PETITION NO.24048 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/Direction more particularly one in the Nature of Writ of Mandamus declaring the action of the respondents in not removing the unauthorized constructions in Sy.No.28 to an extent of Ac.105.66 cents situated in C.Ramapuram(V) Ramachandrapuram(M) Chittoor District, pursuant to representation dt 14.09.2021 of the petitioners as illegal, arbitrary without jurisdiction contrary to G.O.Ms.No.188 besides violation of Art 14 of the Constitution of India and consequently direct the Respondents to remove the unauthorized constructions in Sy.No.28 to an extent of Ac.105.66 cents situated in C.Ramapuram(V), Ramachandrapuram(M), Chittoor District pursuant to representation dt 14.09.2021 of the petitioners forthwith".

Though the petitioners made several allegations against the

respondents, during hearing, learned counsel for the petitioners

requested this Court without touching the merits of the case,

requests this Court to issue a direction to the respondents to dispose

of the representation/application of the petitioners dated

14.09.2021.

Learned Assistant Government Pleader for Revenue readily

agreed to dispose of the representation of the petitioners dated

14.09.2021, if any, pending with the respondents 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 not

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

petitioners himself requested to issue a direction to dispose of the

representation dated 14.09.2021 of the petitioners, I find no other

alternative except to issue such direction.

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

respondent authorities herein to dispose of the

application/representation of the petitioner dated 14.09.2021, in

accordance with law, within four(4) weeks from the date of receipt of

copy of this order after affording an opportunity to the persons

effected on account of the action proposed to be taken based on the

representation. No costs.

The miscellaneous petitions pending, if any, shall also stand

closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 22.10.2021 tm

2019 (8) SCALE 544

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.24048 OF 2021

Date: 22-10-2021 tm