Kanduia Govindu vs The State Of Andhra Pradesh
2022 Latest Caselaw 163 AP

       THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                         WRIT PETITION NO.19662 OF 2016
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 not taking any action against the 5th respondent for removing the nuisance and shifting from residential area duly considering our representation dated 28.03.2016 as highly illegal arbitrary and violation of Art 21 of Constitution of India and pass such other order or orders."

2. Though the petitioner made several allegations against the

respondents, during hearing, Mr.K.Chidambaram, learned counsel

for the petitioner limited his request to dispose of the representation

dated 28.03.2016 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 28.03.2016 submitted by the petitioner, if any,

pending with the respondent-authorities.

4. Recording the submissions 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 serve to the cause of justice. As the learned counsel

for the petitioner himself requested to issue a direction to dispose of

2019 (8) SCALE 544

the representation dated 28.03.2016 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 the

respondents to dispose of the representation dated 28.03.2016,

submitted by the petitioner and pass appropriate order in

accordance with law, within four (4) weeks from the date of receipt of

copy of this order, if it is pending. No costs.

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

also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 17.01.2022

SSP

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.19662 OF 2016

Date: 17.01.2022

SSP