Andhra Pradesh High Court
WP/42898/2015 of Avula Nagamma Vs The State of Andhra Pradesh, rep. by Its Principal Secretary on 31 December 2021
SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.42898 OF 2015 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of
THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.42898 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 an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondent Nos.3 to 5 herein in threatening to dispossess the petitioner herein from her lawful possession in respect of the land in Sy.No.6 admeasuring Ac.5.00 situated at Shakunalapally village, Udayagiri Mandal, Nellore District during the pendency of the representation dt 12.12.2015 submitted before the 2nd respondent for extension of lease of the land and without issuing any notice and following the procedure contemplated under the Law, as being illegal, arbitrary, unjust and violative of Article 21 and 300-A of the Constitution of India and consequently direct the respondents to extend the lease of the land pursuant to the representation dt.12.12.2015 and to pass such orders.”
Though the petitioner made several allegations against the respondents, during hearing, learned counsel for the petitioner requested this Court, without touching the merits of the case, to issue a direction to the respondents to dispose of the representation of the petitioner dated 12.12.2015.
Learned Government Pleader for Revenue readily agreed to dispose of the representation of the petitioner dated 12.12.2015, 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 himself requested to issue a direction to dispose of the representation dated 12.12.2015, I find no other alternative except to issue such direction.
In the result, the writ petition is disposed of, directing the respondents to dispose of the representation dated 12.12.2015, 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.42898 OF 2015
Date:31.12.2021
PSR/BSP