Guttlapally Kondalu Rao S/O. ... vs The State Of Andhra Pradesh Rep By ...
2022 Latest Caselaw 1349 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                WRIT PETITION NO.34771 OF 2017
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 particularly respondents 6 to 8 are trying to dispossess the petitioner from their respective lands in Survey no.138 and 140 of Ayyapurajuvaripalem village, Marripudi mandalam, Prakasam District without considering the representation of the petitioner dated 03.10.2017 is illegal, arbitrary and against the principles of natural justice and without following due process of law and also in violation of Articles 14,19,21 and 300-A of Constitution of India and consequently direct the respondents not to dispossess the petitioner from their respective lands without following due process of law in the interest of justice and pass such other order or orders" .

2. Though the petitioner made several allegations against the

respondents, during hearing Sri Tenepalli Niranjan, learned counsel for

the petitioner limited his request to dispose of the representation

dated 03.10.2017 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 03.10.2017 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 requested to issue a direction to dispose of the

representation dated 03.10.2017 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 03.10.2017

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: 16.03.2022

PGT

2019 (8) SCALE 544

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.34771 OF 2017

Date: 16.03.2022

PGT