Ch Rama vs The State Of Ap
2021 Latest Caselaw 2812 AP

       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

2019 (8) SCALE 544

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

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THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.15013 OF 2021

Date: 03.08.2021

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