Citation : 2021 Latest Caselaw 2810 AP
Judgement Date : 3 August, 2021
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
2019 (8) SCALE 544
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
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.15289 OF 2021
Date: 03.08.2021
tm
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