Andhra Pradesh High Court
WP/10692/2015 of Sampangi Venkateswarlu Vs The State of Andhra Pradesh on 31 December 2021
SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.10692 OF 2015 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a Writ or Direction more particularly Writ of Mandamus declaring the action of the Tahsildar,
THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.10692 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 or Direction more particularly Writ of Mandamusdeclaring the action of the Tahsildar, Miduthur Kurnool dt. and the District Collector, Kurnool to close the new bore well of the 4th respondent on the representation dated 23.3.2015 and 6.4.2015 against illegally and unauthorized and without any permission from the Tahsildar, Miduthur as per the A.P.Water Land and Trees Act, 2000 and rules, 2002 and dug up bore well by the 4th respondent on 19.3.2015 near to bore well of the petitioner at the distance of 10 Meters an extent of Ac. 3.00 of land in Survey Number 873 situated in Miduthur revenue limits with intent to damage the bore well and to down the spring as being illegal, arbitrary and violative of the Article 300-A of the Constitution of India and consequently directing the respondents No.2 and 3 to close the new bore well of the 4th respondent and grant costs of this Writ Petition and pass such other order.”
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 representations of the petitioner dated 23.03.2015 and 06.04.2015.
Learned Government Pleader for Revenue readily agreed to dispose of the representations of the petitioner dated 23.03.2015 and 06.04.2015, 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 representations dated 23.03.2015 and 06.04.2015, I find no other alternative except to issue such direction.
In the result, the writ petition is disposed of, directing the 4[th]respondents to dispose of the representations dated 23.03.2015 and 06.04.2015, 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.10692 OF 2015
Date:31.12.2021