Andhra Pradesh High Court - Amravati
Sugali Babu Naik vs The State Of Andhra Pradesh on 7 September, 2021
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.19585 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 nature of
Writ of Mandamus declaring the inaction on the part of
Respondents 2 to 4 in considering Petitioner's plea on merits for
granting House Site Patta to him under below poverty quota in
Government Surplus Land in Survey No.60-B situated at
Bondanakal (v), Rayadurgam (m), Anantapur District by evicting
illegal encroacher, the Respondent No 5 herein, as illegal and
arbitrary against principles of natural justice and consequently
direct the Respondents 2 to 4 in considering Petitioners plea on
merits for granting House Site Patta to him under below poverty
quota in Government Surplus Land in Survey No. 60-B situated at
Bondanakal (v), Rayadurgam (m), Anantapur District, by evicting
illegal encroacher the Respondent no 5 herein and to pass"
2. Though the petitioner made several allegations against the
respondents, during hearing, Sri D. Seshasayana Reddy, learned
counsel for the petitioner limited his request to issue a direction to
the official respondents to dispose of the representation made by the
petitioner on 12.08.2021, in accordance with law, without touching
the merits of the case.
3. Learned Government Pleader for Revenue appearing for the
official respondents readily agreed to dispose of the representation,
dated 12.08.2021 submitted by the petitioner, in accordance with
law, if any, pending with the respondent-authorities.
4. In view of the learned 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 petitioner himself
requested to issue a direction to the official respondents to dispose of
the representation, dated 12.08.2021 submitted by the petitioner,
I find no other alternative, except to issue such direction.
5. With the above direction, the Writ Petition is disposed of,
directing the official respondents to dispose of the representation
submitted by the petitioner dated 12.08.2021, after affording
opportunity to un-official respondent 5, in accordance with law,
within four (04) weeks from the date of receipt of a copy of this order.
There shall be no order as to costs
As a sequel miscellaneous application, pending, if any, shall
also stand closed.
__________________________________________
JUSTICE M. SATYANARAYANA MURTHY
Date: 07.09.2021
BSM
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.19585 OF 2021
Date: 07.09.2021
BSM
