P Manjunatha Naidu vs The State Of Andhra Pradesh
2021 Latest Caselaw 3497 AP

       THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                         WRIT PETITION NO.20195 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, declaring the action of the respondents 2 to 4 herein in not considering the representation dated 26.05.2021 made by the petitioner for protection of land being an extent of Ac.13.75 cents in Sy.No.179/A, 179/B and an extent of Ac.5.00 cents in Sy.No.348 situated at karidikonda village, Gooty Mandal Anantapuram District from the encroachments as illegal, arbitrary and violations of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to take appropriate action against the encroachers and pass such other order or orders."

2. Though the petitioner made several allegations against the

respondents, during hearing, Sri Narasimhulu Parise, learned

counsel for the petitioner limited his request to dispose of the

representation dated 26.05.2021 made by the petitioner, without

touching the merits of the case.

3. Learned Assistant Government Pleader for Revenue, appearing

for respondents readily agreed to dispose of the representation dated

26.05.2021 submitted by the petitioner, if any, pending with the

respondent-authorities.

4. Recording the submissions 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

2019 (8) SCALE 544

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

representation dated 26.05.2021 submitted by the petitioner, 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 26.05.2021

submitted by the petitioner and pass appropriate order in

accordance with law, within three (3) months from the date of 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: 14.09.2021

VSL

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.20195 OF 2021

Date: 14.09.2021

VSL