Andhra Pradesh High Court - Amravati
Gorle Appa Rao vs The State Of Andhra Pradesh on 20 October, 2020
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.19059 OF 2020
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 inaction on the part of respondents 1 to 12 on petitioners' representation dated 24.08.2020, submitted for prevention of formation of illegal and unauthorized layout without converting agricultural land into non- agricultural purposes and selling of house site plots being undertaken by the respondents 13 to 29 without obtaining permission from the competent authorities and demolition of the said illegal layouts without allowing any registration of conveyance connected to lands admeasuring Ac.0.84 cents and Ac.17.50 cents respectively covered by Survey Nos.273/1, 273/3, 331/14, 348/12, 348/14, 351/1, 351/2 and 351/13 of Edulapaka Bonangi Village in Paravada Mandal of Visakhapatnam District, as illegal, irregular, irrational, violative of the provisions of Andhra Pradesh Panchayat Raj Act, 1994, Andhra Pradesh Gram Panchayat and Land Development (Layout and Building) Rules, 2002, Andhra Pradesh Town Planning Act, 1923, Greater Hyderabad Municipal Corporations Act, Andhra Pradesh Agricultural Lands (Conversion into Non-Agricultural Purposes) Act and rules framed there under and offends Articles 14 of Constitution of India and consequently direct the respondents 2 to 12 to demolish the said illegal layouts without allowing registration of any conveyance by realizing conversion fee with 10 times penalty on 10% of market value and by prosecuting the respondents 13 to 29 under appropriate penal provisions of law".
2. Heard learned counsel for the petitioners, learned Assistant Government Pleader for Revenue appearing for respondents 1 to 5 and Sri Idamkanti Koti Reddy, learned Standing Counsel appearing for respondent No.12.
3. Though the petitioners made several allegations against the respondent authorities, during hearing, learned counsel for the petitioners requested this Court without touching the merits of the 2 case, to issue a direction to the respondent authorities to dispose of the representation of the petitioners, dated 24.08.2020.
4. Learned Assistant Government Pleader for Revenue readily agreed to dispose of the representation of the petitioners, dated 24.08.2020, if any, pending with the respondent authorities.
5. 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 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 not service to the cause of justice. As the learned counsel for the petitioners himself requested to issue a direction to dispose of the representation, dated 24.08.2020, submitted by the petitioners, I find no other alternative except to issue such direction.
6. In the result, the Writ Petition is disposed of, directing the fourth respondent to dispose of the representation of the petitioners, dated 24.08.2020, in accordance with law, within four (4) weeks from today. No costs.
Miscellaneous petitions pending, if any, shall also stand closed.
_______________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 20.10.2020 SPR 1 2019 (8) SCALE 544 3 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.19059 OF 2020 Date: 20.10.2020.
SPR