Order vs Unknown
2023 Latest Caselaw 3628 AP

        THE HON'BLE DR. JUSTICE K. MANMADHA RAO

                WRIT PETITION No.18066 OF 2023

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 inaction of the respondents 2 to 4 in not safeguarding the 40 ft., Master Plan Road beside Sy.No.317 of Yemmiganur Town, Kurnool District from encroachers who have erected huts, nappa slabs and fencing on the Master Plan Road as can be seen from Ex.P2 Photographs, as illegal, arbitrary and consequently direct the respondents 2 to 4 to take action for removal of said encroachments with a further direction to lay the road to protect the same from future encroachments and pass such other orders...."

2. Heard Mr. K. Rathanga Pani Reddy, learned counsel for the

petitioner and Mr. N. Ranga Reddy, learned Standing Counsel for

3rd respondent.

3. Though the petitioner made several allegations against the

respondents, during the course of hearing learned counsel for the

petitioner requested this Court to issue a direction to the

respondents to dispose of the representation/ complaint dated

26.06.2023 submitted by the petitioner, without touching the

merits of the case.

4. In view of the submission of learned Standing Counsel for

the 3rd respondent, I need not decide the truth or otherwise of the

allegations made in the petition.

5. 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 be passed 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 the

representation dated 26.06.2023 submitted by the petitioner, I find

no other alternative except to issue such direction.

6. In the result, Writ Petition is disposed of, directing the 3rd

respondent to dispose of representation dated 26.06.2023

submitted by the petitioner, in accordance with law, within six (06)

weeks from the date of receipt of a copy of this order. No costs.

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

also stand closed.

___________________________ DR.K. MANMADHA RAO, J Date: 21.07.2023

KK

2019 (8) SCALE 544

THE HON'BLE DR. JUSTICE K. MANMADHA RAO

WRIT PETITION No.18066 OF 2023

Date: 21.07.2023

KK