S.K. Viswanath Reddy vs The State Of Andhra Pradesh
2022 Latest Caselaw 162 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                     WRIT PETITION No.20929 OF 2016

ORDER:

This 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 action of the respondent authorities in not taking any steps to protect and safeguard the Government Cheruvu Poromboke land in Sy. No. 164 situated at Ramannapet village, Gudur Mandal, Krishna District from encroachment by the unofficial respondents inspite of the written representations dated 07.05.2016 and 09.05.2016 respectively as being illegal, arbitrary and unjust and consequently direct the respondent authorities to forthwith remove the encroachments made in the Cheruvu Poromboke land and to restore the same and to pass such other order.."

2. Though the petitioner made several allegations against the

respondents, during hearing, Sri P.L.Rao, learned counsel for the

petitioner limited his request to dispose of representations, dated

07.05.2016 and 09.05.2016 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 representations, dated

07.05.2016 and 09.05.2016, 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

Court held that such orders may make for a quick or easy disposal of

cases in overburdened adjudicatory institutions. But, they do no

2019 (8) SCALE 544

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 07.05.2016 and 09.05.2016 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

respondent authorities to dispose of the representations, dated

07.05.2016 and 09.05.2016 pending before him, in accordance with

law, within eight (08) weeks from the date of a receipt of copy of this

order. There shall be no order as to costs.

6. As a sequel thereto, miscellaneous applications, pending, if

any, shall also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 17.01.2022 psr

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No.20229 OF 2016

Date: 17.01.2022

Psr.