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Andhra Pradesh High Court - Amravati

Durgam Narayana Reddy vs State Of Andhra Pradesh, on 23 August, 2021

Author: M.Satyanarayana Murthy

Bench: M.Satyanarayana Murthy

   THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                WRIT PETITION NO.17790 OF 2021


ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

"to issue an appropriate order, writ or direction, more particularly one in the nature of writ of mandamus, declaring the high-handed action of the respondents in interfering with the possession of the petitioner over an extent of land admeasuring Ac.1.65 cents of land situated in survey No.253 of Tirupati village, Tirupati Urban Mandal, Chittoor District without recourse to the procedure established by law as illegal, arbitrary, contrary to law and violative of Articles 14, 21 and 300A of the Constitution of India, and consequently direct the respondents not to interfere with the possession of the petitioner over an extent of land admeasuring Ac.1.65 cents of land situated in survey No.253 of Tirupati village, Tirupati Urban Mandal, Chittoor District, without following due process of law and consider the representation dated 10.08.2021 in the interest of justice and pass such other 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, requests this Court to issue a direction to the respondents to dispose of the representation of the petitioner dated 10.08.2021.

Learned Assistant Government Pleader for Revenue readily agreed to dispose of the representation of the petitioner dated 10.08.2021, if any, pending with the respondent authorities.

In view of the submission of the learned Assistant 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 2 in "The Government of India v. P.Venkatesh1", 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 10.08.2021 of the petitioner, 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 of the petitioner dated 10.08.2021, in accordance with law keeping in view the proceedings in Lr.No.B1/6436/2018 Adm Dated 27.04.2020 within four (4) weeks from today. No costs.

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

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 23.08.2021 Ks/tm 1 2019 (8) SCALE 544 3 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.17790 OF 2021 Date: 23-08-2021 Ks/tm