THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.22512 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 and Stay Petition dt.05.12.2020 filed against proceedings in Rc.A/494/2019 dt.19.10.2019 issued by the 4th respondent for resumption of her land of Ac.1.50 cents in R S No.1021/2 of Nuzvid Town and Mandal of Krishna District as illegal, irregular, irrational and amounts to non discharge of legal obligation conferred on the 4th respondent under the provisions of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 and offends Articles 14, 21 and 300A of Constitution of India and consequently direct the 4th respondent to decide her pending Appeal and Stay Petition 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 direct the 3rd respondent to dispose of the Appeal along with the stay petition, without touching the merits of the case.
3. Learned Assistant Government Pleader for Revenue appearing for the respondents readily agreed to dispose of the Appeal along with the stay petition filed by the petitioner, 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 2 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 petitioner himself requested to issue a direction to the 3rd respondent to dispose of the Appeal along with stay 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 3rd respondent to dispose of the Appeal along with stay petition, pending with him, in accordance with law, within four (04) 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: 05.10.2021 sj 1 2019 (8) SCALE 544 3 112 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.22512 OF 2021 Date: 05.10.2021 sj