Taadigiri Sambasiva Rao S/O Late Kotaiah vs. State Of Andhra Pradesh Rep. By Its

Final Order
Court:High Court of Andhra Pradesh
Judge:Hon'ble M.Satyanarayana Murthy
Case Status:Disposed
Order Date:22 Dec 2021
CNR:APHC010047782015

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Order Issued After Hearing

Purpose:

Disposed

Before:

Hon'ble M.Satyanarayana Murthy

Listed On:

22 Dec 2021

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Order Text

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.43104 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 or order or direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the 3rd respondent in considering the petitioner's representation dated 15.10.2015 in removing the asbestos shed erected by the 4th respondent in between his land and the public road causing obstruction to ingress and aggres as illegal, arbitrary and violative of principles of natural justice and consequently direct the 3rd respondent to act upon the petitioner's representation dated 15.10.2015 and to pass orders..."

  1. Though the petitioner made several allegations against the respondents, during hearing, Sri P.Rajkumar, learned counsel for the petitioner limited his request to issue a direction to the official respondents to dispose of the representation made by the petitioner on 15.10.2015 in accordance with law, without touching the merits of the case.

  2. Learned Government Pleader for Revenue readily agreed to dispose of the representation dated 15.10.2015 submitted by the petitioner, in accordance with law, if any, pending with the respondent-authorities.

  3. In view of the submissions of learned Government Pleader for Revenue, this Court 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

<sup>1</sup> 2019 (8) SCALE 544

cases in overburdened adjudicatory institutions. But, they do not serve to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to the official respondents to dispose of the representation, dated 15.10.2015 submitted by the petitioner, I find no other alternative, except to issue such direction.

  1. With the above direction, the Writ Petition is disposed of, directing the official respondents to dispose of the representation dated 15.10.2015 submitted by the petitioner, in accordance with law, within four (04) weeks from the date of receipt of a copy of this order.

  2. As a sequel miscellaneous application, pending, if any, shall also stand closed.

__________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 22.12.2021 psr

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

(Disposed of)

WRIT PETITION NO.43104 OF 2015

Date: 22.12.2021

psr