Citation : 2021 Latest Caselaw 4172 AP
Judgement Date : 22 October, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.5568 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 direction more particularly in the nature of a Writ of Mandamus under Article 226 of the constitution of India declaring the action of the respondents in not paying exgratia to the petitioners with respect to their lands affected in excavation of SSLC canal in telugu ganga project by considering the report of the 7th respondent in RcB.264/2017, dated 12.06.2017 as illegal, arbitrary and violation of Art 300-A of Constitution of India and consequently direct the respondents to pay exgratia to the lands belonging to the petitioners".
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 petitioner sdated
22.05.2017.
Learned Assistant Government Pleader for Revenue readily
agreed to dispose of the representation of the petitioners dated
22.05.2017, 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
2019 (8) SCALE 544
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 22.05.2017 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 22.05.2017,
keeping in view the report in Rc.B.264/2017, dated 12.06.2017 and
recommendations made by Sub-Collector, Gudur to Special Deputy
Collector, Telugu Ganga Project, SPSR Nellore District, dated
01.02.2019, in accordance with law, within Two(2) months from the
date of receipt of copy of this order. No costs.
The miscellaneous petitions pending, if any, shall also stand
closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY
Date: 22.10.2021 tm
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.5568 OF 2021
Date: 22-10-2021 tm
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