Andhra Pradesh High Court - Amravati
Yerrabapu Sailaja, vs The State Of Andhra Pradesh, on 27 September, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.21482 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
in proposing to convert the gravel road into blacktop road in Sy.Nos.
441, 442, 443 and 66/2 situated in Kommanavaripalli and
Dalayapalli villages, Pullampeta Mandal, Kadapa District, without
conducting an enquiry with regard to change of alignment in laying
the gravel road contrary to the sketch prepared by the respondents
and not considering the representations dt 03.09.2021 and further
not following the land acquisition proceedings while laying the gravel
road as illegal, arbitrary, unjust and violation of Articles 14, 21 and
300-A of the Constitution of India and consequently direct the
respondents to conduct a detailed enquiry as submitted in
representation dt. 03.09.2021 with regard to necessitating the
change of alignment while laying the road from Pullampeta to
Kothapalli Revenue Villages through the lands of the petitioner and
her husband by not following the land acquisition proceedings and
further direct the respondents to follow the due process of law in
accordance with law in terms of The Right to Fair Compensation and
Transparency in Land Acquisition Rehabilitation and Resettlement
Act 2013 and pay compensation to the petitioner and her husband in
the interest of justice 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 representation dated 03.09.2021 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 representation dated
03.09.2021 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 representation dated 03.09.2021 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 to dispose of representation dated 03.09.2021 submitted
by the petitioner, in accordance with law, within four (04) weeks from
the date of receipt of a copy of this order. No costs.
As a sequel, miscellaneous applications pending, if any, shall
also stand closed.
_________________________________________
JUSTICE M. SATYANARAYANA MURTHY
Date: 27.09.2021
KK
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.21482 OF 2021
Date: 27.09.2021
KK
