THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.15289 OF 2021
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 action of 2nd respondent in not disposing the Appeal vide Roc.B4/1383/2015 as illegal, arbitrary, besides violation of principles of Natural Justice, consequently direct the 2nd respondent to dispose of the appeal vide Roc.B4/1383/2015 as expeditiously as possible"
2. Though the petitioners made several allegations against the respondents, during hearing, Sri C.Prakash, learned counsel for the petitioners limited his request to dispose of appeal pending before the 2nd respondent/Revenue Divisional Officer, without touching the merits of the case.
3. Learned Government Pleader for Revenue appearing for the respondents readily agreed to dispose of the appeal, if any, pending with the respondent-authorities.
4. Recording the submissions made by the learned 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 no service to the cause of justice. As the learned counsel for the petitioners himself requested to issue a direction to dispose of the 1 2019 (8) SCALE 544 2 appeal pending before the 2nd respondent/Revenue Divisional Officer, I find no other alternative, except to issue such direction.
5. In the result, the Writ Petition is disposed of, directing the 2nd respondent/Revenue Divisional Officer to dispose of the appeal pending before him, in accordance with law, within Eight(8) weeks from the date of a receipt of copy of this order after giving opportunity to all the concerned. No costs.
As a sequel miscellaneous application, pending, if any, shall also stand closed.
__________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 03.08.2021 tm 3 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.15289 OF 2021 Date: 03.08.2021 tm