Andhra Pradesh High Court
WP/16845/2015 of K. VENKATA SUBRAMNAYA SASTRY, Vs PRL.SECY., REVENUE DEPT., HYD., AND 3 OTHERS, on 31 December 2021
SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.16845 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 one in the nature of writ of MANDAMUS declaring
THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.16845 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 one in the nature of writ of MANDAMUS declaring the in action of the Respondents in not considering the Petitioner’s Representation dated12/1/2015 in removal of the illegal encroachment on the public road as illegal, arbitrary and against the principles of natural justice and consequently direct the respondents to initiate appropriate action for removal of encroachments on public road and may 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 representation of the petitioner dated 12.01.2015.
Learned Government Pleader for Revenue readily agreed to dispose of the representation of the petitioner dated 12.01.2015, 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 12.01.2015, 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 12.01.2015, 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
_________________________________________
JUSTICE M. SATYANARAYANA MURTHY
THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.16845 OF 2015
Date:31.12.2021
PSR/BSP