THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.15013 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 3rd respondent in not deciding the petitioner's appeal dated 25.03.2015 filed under Standing Order 34-A of Andhra Pradesh Board of Revenue Standing Orders, as illegal, irregular, irrational and amounts to non discharge of legal obligation conferred on the 3rd respondent under the provisions of aforesaid standing order and offends Article 14 of Constitution of India and consequently direct the 3rd respondent to decide his pending appeal dated 25.03.2015 in accordance with law"
2. Though the petitioner made several allegations against the respondents, during hearing, Sri V.N.V Surya Dattu, learned counsel for the petitioner limited his request to dispose of appeal pending before the 3rd 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 1 2019 (8) SCALE 544 2 service to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to dispose of the appeal pending before the 3rd 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 3rd respondent/Revenue Divisional Officer to dispose of the appeal pending before him, in accordance with law, within Six(6) 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.15013 OF 2021 Date: 03.08.2021 tm