B.Gangajhara Rao vs State Of Andhra Pradesh
2022 Latest Caselaw 383 AP

       THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                         WRIT PETITION No.27024 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 stopping the construction of residential house in Sy.No.71/2B and 71/2C, Plot no.40A at Pardesipalem, in Visakhapatnam rural as without authority, illegal, highhanded, arbitrary, contrary to the principles of natural justice and unconstitutional being violate of 300A of Constitution of India consequently direct the Respondent nos.2 and 3 to pass appropriate orders on representation dated 09.07.2016 and grant such other necessary relief or reliefs in the circumstances of the case and pass such other order or orders."

Though the petitioner made several allegations against the

respondents, during hearing, Sri K.Ratnam, learned counsel for the

petitioner limited his request to dispose of the representation dated

09.07.2016 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 representation dated

09.07.2016 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

petitioners himself requested to issue a direction to dispose of the

representation dated 09.07.2016 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 09.07.2016

submitted by the petitioner and pass appropriate orders in

accordance with law, within a period of eight (8) 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: 27.01.2022

VSL

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.27024 OF 2016

Date: 27.01.2022

VSL