Sunkara Lakshmi vs The State Andhra Pradesh
2021 Latest Caselaw 3470 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                     WRIT PETITION NO.20038 OF 2021

ORDER:

This petition is filed under Article 226 of the Constitution of

India seeking the following relief:-

"....to issue a Writ of Mandamus, declaring the action of respondents in not taking any steps or action on the representation made by petitioner dt.30.07.2021 against third parties who are trying to encroach Government land situated in S.No.88/9 in an extent of Ac.0.20 cents in Bhatnavlli Village, Amalpuram Mandal, East Godavari District, as illegal, arbitrary and violative of Article 14 of the Constitution of India and consequently direct respondents 2 to 4 to conduct enquiry and take action against illegal encroachments made by third parties in Government land situated in S.No.88/9 to an extent of Ac.0.20 cents in Bhatnavilli Village, Amalapuram Mandal, East Godavari District, by considering representation, dated 30.07.2021 and pass such other order..."

2. Though the petitioner made several allegations against the

respondents, during hearing, Smt.K.S.G.Padmavathi, learned counsel

for petitioner limited her request to dispose of representation, dated

30.07.2021 pending before respondent authorities, without touching

the merits of the case.

3. Learned Government Pleader for Revenue appearing for

respondents readily agreed to dispose of the representation, dated

30.07.2021, if any, pending with the respondent-authorities.

4. Recording the submissions made by 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

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 no

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

petitioner himself requested to issue a direction to dispose of the

representation, dated 30.07.2021 pending before respondent

authorities, I find no other alternative, except to issue such direction.

5. In the result, the Writ Petition is disposed of, directing

respondents to dispose of the representation, dated 30.07.2021

pending before them, in accordance with law, within four (04) weeks

from the date of a receipt of copy of this order. No costs.

As a sequel miscellaneous application, pending, if any, shall

also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 13.09.2021

IS THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.20038 OF 2021

Date: 13.09.2021

IS