Sri Vasavi Academy Of General And ... vs State Of Andhra Pradesh
2021 Latest Caselaw 2859 AP

       THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                         WRIT PETITION NO.15726 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 inaction of 3rd respondent in adjudicating and disposing of the appeal vide Appeal No.3/2007/K filed by the Petitioner against the resumption orders of the 4th Respondent passed under Act 9 of 1997 in relation to the private lands to an extent of Ac.2.74 cents in Sy.No.610/1 of Pedapalakaluru Village, Guntur Mandal and District, as illegal, arbitrary and violative of principles of natural justice, as also violative of Articles of 14, 19(1)(g) and 300-A of Constitution of India and consequently direct the 3rd respondent to dispose of the Appeal vide Appeal No.3/2007/K expeditiously in accordance with law and to pass such other order."

2. Though the petitioner made several allegations against the

respondents, during hearing, Sri P.Rajkumar, learned counsel for the

petitioner limited his request to dispose of the appeal vide Appeal

No.3/2007/K, dated 21.02.2018 pending with the 3rd respondent,

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

2019 (8) SCALE 544

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 dispose of the

appeal, dated 21.02.2018 pending before the 3rd respondent, 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, dated 21.02.2018 pending

before him, in accordance with law, within a month from today.

No costs.

As a sequel miscellaneous application, pending, if any, shall

also stand closed.

__________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 04.08.2021

IS

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.15726 OF 2021

Date: 04.08.2021

IS