Malireddy Rama Lakshumma v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI Writ Petition No.35161 of 2018 ORDER:

This writ petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking verbatim the following relief/ s: " ...to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not entrusting the execution of works of Neeru-Chettu Programme for the construction of Check dam across Peddavanka near Golla Subbaiah fields of Kamasamudram, Atlur Mandal, Y.S.R. Kadapa District, construction of check dam across Peddavanka near Arava Narayana Reddy fields of Kamasamudram, construction of check dam across Katenuvanka of Kamasamudram, Atlur Mandal, Y.S.R. Kadapa District, Desilting of Katenuvanka Supply Channel of Kamasamudram, Atlur Mandal, Y.S.R. Kadapa District and Restoration of Kamasamudram Tank, Atlur Mandal, Y.S.R. Kadapa District as per G.O.

Ms.No.34, Water Resources (CAD) Department dt.02-03-2016 of the Government of Andhra Pradesh is arbitrary, illegal, without jurisdiction and consequently direct the respondents to entrust the execution of the said works to the petitioner and further enter the agreement with the petitioner for the execution of the said works and pass such other order or orders in the interest of justice."

At the hearing, learned counsel for the petitioner, while reiterating the submissions made in the affidavit filed in support of the writ petition, would submit that the representation, dated 31.08.2018, of the writ petitioner submitted to the 3rd respondent, copies of which are also submitted to the respondents 2 & 4, is not considered and disposed of and that if the said representation is considered and disposed of in accordance with the procedure established by law, the grievance of the writ petitioner stands redressed for the present. Learned Government Pleader for Irrigation appearing for the respondents 1, 3 to 5 & 6 and the learned Government Pleader for Revenue appearing for the 2nd respondent endorse the said submission.

Having regard to the submissions, the Writ Petition is disposed of directing the 3rd respondent to consider and dispose of, within six (6) weeks from the date of receipt of a copy of this order, the afore-said representation, dated 31.08.2018, of the petitioner in strict accordance with the procedure established by law and communicate the decision taken thereon to the petitioner within a week thereafter. There shall be no order as to costs.

Pending miscellaneous petitions, if any, shall stand closed. _______________________ M. SEETHARAMA MURTI, J 05.11.2018 Vjl