Citation : 2022 Latest Caselaw 277 AP
Judgement Date : 21 January, 2022
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.24966 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 Nos.2 to 4 in not stopping the funeral customs being performed by the villagers in the Bus Shelter and on the main Road inspite of receiving complaints and representations dt.28.03.2016 and 23.05.2016 from the petitioner as illegal and arbitrary and consequently direct the respondents Nos.2 to 5 to stop the funeral customs being performed in the Bus Shelter and on the main Road of Puligaddavari Palem, Cherukupalli Mandal, Guntur District and pass such other order or orders."
Though the petitioner made several allegations against the
respondents, during hearing, Mr.Kiran Kumar Vadlamudi, learned
counsel for the petitioner limited his request to dispose of the
representations dated 28.03.2016 and 23.05.2016 made 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 representations dated
28.03.2016 and 23.05.2016 submitted by the petitioner, 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
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 dispose of the
representations dated 28.03.2016 and 23.05.2016 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 representations dated 28.03.2016 and
23.05.2016 submitted by the petitioner and pass appropriate order
in accordance with law, within a period of eight (8) weeks from the
date of receipt of a copy of this order, if they are pending. No costs.
As a sequel miscellaneous application, pending, if any, shall
also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY
Date: 21.01.2022
PKR
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.24966 OF 2016
Date:21.01.2022
PKR
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