Andhra Pradesh High Court - Amravati
Kuna Satya Rao vs The State Of Andhrapradesh, on 6 September, 2021
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.19177 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 or direction more particularly one in the
nature of Writ of mandamus to declaring the action of the respondent
no 2 to 4 trying to dispossessing the petitioner from petitioner land
by constructions of houses under NAVARATNALU scheme in Sy.No.
123/1 in Sy.No. 123/2 in Sy.No. 123/9 for extent of Ac. 0.04cents,
Ac. 0.31 cents and Ac.0.25 cents at Mirthivalasa Village,
Santhakaviti Mandal, Srikakulam District, without following due
process of law, without any notice to the petitioner and without any
compensation to the petitioner under right to fair compensation act
2013 is highly illegal, arbitrary, violative of Articles 14, 21 and 300-A
of the Constitution of India and also violation of the ROR Act and
also violation of the principles of natural justice consequently, direct
the respondent No.3 not to dispossess the petitioner without
following due process of law and without any compensation to the
petitioner under right to fair compensation act 2013 and
consequently direct the Respondents Nos. 2 to 4 authorities not to
make any house constructions under NAVARATNALU scheme in the
petitioner schedule land in Sy.No. 123/1 in Sy.No. 123/2 in Sy.No.
123/9 for extent of Ac. 0.04cents, Ac. 0.31 cents and Ac.0.25 cents
at Mirthivalasa Village, Santhakaviti Mandal, Srikakulam District
without following due process of law without any notice to the
petitioner and without any compensation to the petitioner under
right to fair compensation act 2013 and pass such other orders...."
2. Though the petitioner made several allegations against the
respondents, during the course of hearing learned counsel for the
petitioner requested this Court to issue a direction to the respondents
to dispose of the representations dated 25.01.2021 and 13.07.2021
submitted by the petitioner, without touching the merits of the case.
3. Learned Government Pleader for Revenue appearing for
respondents readily agreed to dispose of the representations dated
25.01.2021 and 13.07.2021 submitted by the petitioner, if any
pending with the respondent authorities.
4. In view of the submission of 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 be
passed 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 representations dated 25.01.2021 and
13.07.2021 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
respondents 3 and 4 to dispose of representations dated 25.01.2021
and 13.07.2021 submitted by the petitioner, in accordance with law,
within four (04) weeks from today, till then both the parties are
directed to maintain status-quo. No costs.
As a sequel, miscellaneous applications pending, if any, shall
also stand closed.
_________________________________________
JUSTICE M. SATYANARAYANA MURTHY
Date: 06.09.2021
KK
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.19177 OF 2021
Date: 06.09.2021
KK
