APHC010298202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15756/2025 Between: 1. RAYUDU SUBBARAO, S/O ADINARAYANA MURTHY AGED ABOUT 61 YRS. HINDU CULTIVATION, R/O H.NO.2-27, NELAPARTHIPADU (V)-533262. RAMACHANDRAPURAM MANDAL, DR BRA KONASEEMA DISTRIC ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT SECRETARIAT, VELAGAPUDI-522503.AMARAVATHI. GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, DR.B.R.AMBEDKAR KONASEEMA DISTRICT, AMALAPURAM-533201. 3. THE DISTRICT PANCHAYAT OFFICER, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. AMALAPURAM-533201. 4. THE GRAMPANCHAYAT, NELAPARTHIPADU REP. BY ITS SECRETARY, NELAPARTHIPADU(V)-533262. RAMACHANDRAPURAM MANDAL, DR BRA KONASEEMA DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tomay be pleased to issue a Writ of Mandamus or any other appropriate Writ, order or direction declaring the action of the respondents 2 to 4 in not effecting/attending desilting of ANAPAKAYALA CHERUVU situated in Nelaparthipadu (v) within Ramachandrapuram Mandal inspite of several representations and the other hand dumping the waste by the 4th respondent and their men near the said tank and firing the same and thereby causing health hazardous to the petitioners family and other public nearby residents as illegal, arbitrary, unconstitutional and violative of principles of natural justice and consequently direct the respondent No.2 to 4 to immeidately attending to desilting of ANAPAKAYALA CHERUVU which is the only source of drinking water to the cattle in the village and grant such other just relief or reliefs as this Honble court may deem fit and proper under the facts and circumstances of the case and in the interests of justice. IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to grant interim direction directing the respondents 2 to 4 to immediately attend to the desilting works of ANAPAKAYALA CHERUVU situated in Nelaparthipadu (v) and consequently further direct not to pour/dump waste near the said tank and grant such other just relief or reliefs as this HOn'ble court may deem fit and proper under the facts and circumstances of the case and in the interests of justice. Counsel for the Petitioner: 1. SRINIVASA RAO PAPPU Counsel for the Respondent(S): 1. GP FOR REVENUE 2. Y KOTESWARA RAO The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:15756/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue a Writ of Mandamus or any other appropriate Writ, order or direction declaring the action of the respondents 2 to 4 in not effecting/attending desilting of ANAPAKAYALA CHERUVU situated in Nelaparthipadu (v) within Ramachandrapuram Mandal inspite of several representations and the other hand dumping the waste by the 4th respondent and their men near the said tank and firing the same and thereby causing health hazardous to the petitioners family and other public nearby residents as illegal, arbitrary, unconstitutional and violative of principles of natural justice and consequently direct the respondent No 2 to 4 to immeidately attending to desilting of ANAPAKAYALA CHERUVU which is the only source of drinking water to the cattle in the village and grant such other just relief or reliefs as this Hon’ble court may deem fit and proper under the facts and circumstances of the case and in the interests of justice and pass such other order or orders….” 2. Heard learned counsel for the petitioner and learned Government Pleader for the respondents. 3. 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 consider and dispose of the representation dated 11.04.2025 submitted by the petitioner. 4. On the other hand, learned Government Pleader for Revenue for the respondents readily agreed to dispose of the representation dated 11.04.2025 submitted by the petitioner, pending with the authorities, within a reasonable time. 5. In view of the submission of the 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 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 dispose of the representation dated 11.04.2025 submitted by the petitioner, this Court find no other alternative except to issue such direction. 6. In the result, with the consent of both the learned counsel, the writ petition is disposed of, directing the respondents to consider and dispose of the representation dated 11.04.2025 submitted by the petitioner, after providing opportunity of hearing to all the parties concerned, within a period of 1 2004 (1) SCC 769 two (02) months from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 22.07.2025 BSP 39 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.15756 of 2025 22.07.2025 BSP