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       THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                         WRIT PETITION No.21019 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 inaction on the part of respondents 1 to 7 on the petitioners representations dated 08.04.2013 and 20.04.2015 submitted for removal encroachment of 8th respondent over the public drain bund covered by Survey No.32 situated in Singapudi Revenue Village in Mandavalli Mandal of Krishna District as illegal, irregular, irrational, amounts to non discharge of legal obligation conferred under the provisions of Andhra Pradesh Land Encroachment Act, 1905 Andhra Pradesh Water Land and Trees Act, 2002 and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents 1 to 7 to remove said encroachment and pass such other order or orders."

Though the petitioners made several allegations against the

respondents, during hearing, Sri Nimmagadda Satyanarayana,

learned counsel for the petitioners limited his request to dispose of

the representations dated 08.04.2013 and 20.04.2015 made by the

petitioners, without touching the merits of the case.

3. Learned Government Pleader for Revenue, appearing for

respondents readily agreed to dispose of the representations dated

08.04.2013 and 20.04.2015 submitted by the petitioners, if any,

pending with the respondent-authorities.

4. Recording the submissions of 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

2019 (8) SCALE 544

cases in overburdened adjudicatory institutions. But, they do not

serve to the cause of justice. As the learned counsel for the

petitioners himself requested to issue a direction to dispose of the

representations dated 08.04.2013 and 20.04.2015 submitted by the

petitioners, 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 representations dated 08.04.2013 and

20.04.2015 submitted by the petitioners and pass appropriate order

in accordance with law, within a period of eight (8) weeks from the

date of receipt of copy of this order, if they are pending. In case, if

they are not traced, the petitioners are at liberty to submit fresh

representation to the respondents and on submission of such

representation, the respondents shall take appropriate action in

accordance with law, for removal of encroachments, if any, by

following due process of law. No costs.

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

also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 20.01.2022

VSL

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.21019 OF 2016

Date: 20.01.2022

VSL