Andhra Pradesh High Court - Amravati
Gunduboyina Venkateswarlu vs The State Of Andhra Pradesh, on 15 September, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.20227 OF 2021
ORDER:
This writ petition is filed under Article 226 of the Constitution
of India seeking the following relief:
"to issue an appropriate Writ, Order or Direction
more particularly one in the nature of Writ of mandamus,
declaring the inaction of the respondent authorities in
taking action for conducting the survey and for removal of
encroachments on the Donka to the River Kaivalya and to
restore the same by laying the road inspite of the written
representations dt.7.5.2021 and 22.8.2021 followed by
personal visits as being illegal , arbitrary, unjust and
contrary to the provisions of A.P.Encroachment Act, 1905
and consequently direct the respondent authorities to
conduct survey and restore the Donka/passage by laying
the road and to grant such other relief or reliefs as this
Honble Court deems fit and proper in the circumstances of
the case".
Though the petitioner made several allegations against the
respondents, during hearing, learned counsel for the petitioner
requested this Court without touching the merits of the case,
requests this Court to issue a direction to the respondents to dispose
of the representations of the petitioner dated 07.05.2021 and
22.8.2021.
Learned Assistant Government Pleader for Revenue readily
agreed to dispose of the representations of the petitioner dated
07.05.2021 and 22.8.2021, 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
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
petitioner himself requested to issue a direction to dispose of the
representations dated 07.05.2021 and 22.8.2021 of the petitioner, I
find no other alternative except to issue such direction.
In the result, the writ petition is disposed of, directing the
respondents to dispose of the representations of the petitioner dated
07.05.2021 and 22.8.2021, in accordance with law, within four(4)
weeks from today. No costs.
The miscellaneous petitions pending, if any, shall also stand
closed.
_________________________________________
JUSTICE M. SATYANARAYANA MURTHY
Date: 15.09.2021
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2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.20227 OF 2021
Date: 15-09-2021
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