Lanka Ramesh, vs State Of Andhra Pradesh,
2022 Latest Caselaw 2100 AP

       THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                         WRIT PETITION NO.34326 OF 2017
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 particularly one in the nature of writ of Mandamus directing the respondents 2 to 4 to take necessary action on the representation dated 06.09.2017 made by the petitioner against the borwell dug illegally and unauthorisedly in the property situate in Sy. Nos. 26 and 27 of Cheemalapalli Village, Pendurthi Mandal, Visakhapatnam District declaring their inaction as illegal and ultra vires to Article 14 of the Constitution of India and contrary to the provisions of the A.P. Water and Land Trees Act "

2. Though the petitioner made several allegations against the

respondents, during hearing, M/s K.Srinivasula 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 dated 06.09.2017 in accordance with law, without

touching the merits of the case.

3. Learned Government Pleader for Revenue readily agreed to

dispose of the representation dated 06.09.2017 submitted by the

petitioner, in accordance with law, if any, pending with the

respondent-authorities.

4. In view of the submissions of learned Government Pleader for

Revenue, this Court 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

2019 (8) SCALE 544

serve 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 06.09.2017 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

dated 06.09.2017 submitted by the petitioner, in accordance with

law, within four (04) weeks from the date of receipt of a copy of this

order.

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

also stand closed.

__________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 28.04.2022

psr

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

(Disposed of)

WRIT PETITION NO.34326 OF 2017

Date: 28.04.2022

psr