Andhra Pradesh High Court - Amravati
K.Kannikamma vs The State Of Andhra Pradesh on 22 October, 2021
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.23626 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 interfering
with their possession over an extent of Ac.1.76 cents in Sy.No.37/2,
Ac.0.29 cents in Sy.No.38/2, Ac.0.40 cents in Sy.No.39/3, Ac.0.20
cents in Sy.No.39/7, Ac.0.60 cents in Sy.No.39/11, Ac.4.42 cents in
Sy.No.41/1, Ac.4.90 cents in Sy.No.38/3 and Ac.6.34 cents in
Sy.No.40/2, Dhamenedu village, Tirupathi Rural Mandal, Chittoor
District as illegal, arbitrary, unjust, with jurisdiction and in violation of
Article 14 of the Constitution of India and consequently direct the
respondents not to interfere with their possession over the subject land
without following due process of law and to pass such other orders".
2. Though the petitioners made several allegations against the
respondents, during the course of hearing learned counsel for the
petitioners M/s.B.Tejaswi, requested this Court without touching the
merits of the case, to issue a direction to the respondents to dispose
of the representation dated 18.09.2020 submitted by the petitioners.
3. Learned Assistant Government Pleader for Revenue appearing
for respondents readily agreed to dispose of the representation dated
18.09.2020 submitted by the petitioners, 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 petitioners herself requested to
issue a direction to dispose of the representation dated 18.09.2020
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 to dispose of the representation dated 18.09.2020
submitted by the petitioners, 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: 22.10.2021
sj
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.23626 OF 2021
Date: 22.10.2021
sj
