Andhra Pradesh High Court - Amravati
Gadikota Mohan vs The State Of Andhra Pradesh on 9 September, 2024
1
APHC010309102024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3310]
(Special Original Jurisdiction)
MONDAY
MONDAY, THE NINTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 15765 OF 2024
Between:
Gadikota Mohan ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. MAHESWARI ARIKA
Counsel for the Respondent(S):
1. GP FOR MINES AND GEOLOGY
The Court made the following:
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 not considering the
representation
epresentation of the petitioner dated 01.07.2024 through register post made seeking
to take action against the illegal mining and quarry works in Sy.No. 48 of
Thummakonda Village, Chitvel Mandal, Annamayya Di
District
strict which was forcibly,
highhandedly and illegally
gally inspite of petitioner's several personal requests and
personal approaches is illegal, arbitrary, improper and unconstitutional and violative
of Article 300-A
A Constitution of India and consequently direct the respondents to
prevent the illegal mining and quarry works in the Sy.No.48 of Thummakonda Village,
Chitvel Mandal, Annamayya District by duly considering the representations of the
petitioner dated 01.07.2024 forthwith and pass such other orders...."
2. Heard Mr. Maheswari Arika, learned counsel for the petitioner and
learned Assistant Government Pleader, Mines and Geology for the
respondents.
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 dated 01.07.2024 submitted by the petitioner, without touching
the merits of the case.
4. In view of the submission of learned Assistant Government Pleader
for the respondents, 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
01.07.2024 submitted by the petitioner, I find no other alternative except to
issue such direction.
2019 (8) SCALE 544
6. In the result, Writ Petition is disposed of, directing the respondents to
dispose of representation dated 01.07.2024 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: 09.09.2024
KK
