K. Venkata Krishnaiah vs The State Of Andhra Pradesh

Citation : 2021 Latest Caselaw 2964 AP
Judgement Date : 10 August, 2021

Andhra Pradesh High Court - Amravati
K. Venkata Krishnaiah vs The State Of Andhra Pradesh on 10 August, 2021
       THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                          WRIT PETITION NO.16574 OF 2021

ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:-

"......to issue a writ of Mandamus, declaring the action of 2nd respondent in not disposing the Revision Petition No.3040 of 2017 filed by the un-official respondent herein, as illegal, arbitrary and violative of principles of natural justice and consequently direct the 4th respondent to restore the names of petitioner by deleting the name of un-official respondent in the revenue records, 1-B and Adangal in respect of Sy.No.766/4 in an extent of Ac.1.00 cents situated at B.K.Samudram Village and Mandal, Ananthapuramu District...."

2. Though the petitioners made several allegations against the respondents, during hearing, Sri K.Srinivas, learned counsel for the petitioners limited his request to direct the Joint Collector/ 2nd respondent to dispose of the Revision Petition No.3040 of 2017 filed by the un-official respondent, without touching the merits of the case.

3. Learned Assistant Government Pleader for Revenue appearing for the respondents readily agreed to dispose of the revision petition filed by the un-official respondent, if any, pending with the respondent-authorities.

4. In view of the submission of learned Assistant 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 1 2019 (8) SCALE 544 2 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 the 2nd respondent to dispose of the revision petition pending before him, I find no other alternative, except to issue such direction.

5. In the result, the Writ Petition is disposed of, directing the 2nd respondent to dispose of the Revision Petition No.3040 of 2017, which is pending with him, in accordance with law, within eight (08) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

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

__________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 10.08.2021 IS 3 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.16574 OF 2021 Date: 10.08.2021 IS