Andhra Pradesh High Court

WP/15226/2015 of M/S.MUSLIMS AND MINORITIES ASSOCIATION FOR SOCIAL SERVICES Vs STATE OF AP,PRL.SCY,REVENUE,HYD,AND 3 on 31 December 2021

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SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.15226 OF 2015 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 in the nature of Writ of Mandamus declaring the

THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.15226 OF 2015

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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 in the nature of Writ of Mandamus declaring the inaction on the part of the 4th respondent in taking any action on the directions of the 2nd respondent vide Letter Rc.No E4/2453/2014 dated 5.9.2014 in respect of the allotment of house sites to the members of petitioner-society pursuant to the resumption orders dated 9.2.2008 issued by the 3rd respondent in respect of the land to an extent of Ac. 131.33 cents in Survey No. 2073/1 etc., situated at Nellore Bit-I as illegal arbitrary and unconstitutional and consequently direct the respondents to consider and dispose of the representation dated 17.6.2014 made to the 1st respondent for the purpose of providing house sites to the members of the petitioner-society and pass such other order.”

Though the petitioner-society made several allegations against the respondents, during hearing, learned counsel for the petitioner-society requested this Court, without touching the merits of the case, to issue a direction to the 2[nd] respondent to dispose of the representation of the petitioner dated 17.06.2014.

Learned Government Pleader for Revenue readily agreed to dispose of the representation of the petitioner dated 17.06.2014, if any pending with the authorities.

In view of the submission 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.Venkatesh[1]”, 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 no service to the cause of justice. As the learned counsel for the petitioner-soceity himself requested to issue a direction to dispose of the representation dated 17.06.2014, I find no other alternative except to issue such direction.

In the result, the writ petition is disposed of, directing the 2[nd]respondent to dispose of the representation dated 17.06.2014, if it is pending, in accordance with law, within four (4) weeks from the date of receipt of a copy of this order. No costs.

The miscellaneous petitions pending, if any, shall also stand closed.

31.12.2021 PSR/BSP

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JUSTICE M. SATYANARAYANA MURTHY

THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.15226 OF 2015

Date:31.12.2021

PSR/BSP

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