Citation : 2021 Latest Caselaw 2963 AP
Judgement Date : 10 August, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.16580 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 respondents in not disposing the Appeal vide CCLA'S Proc.No.BCW2/620/2012, dated 22.02.2013 E4/1608/13, dated 22.02.2013 filed by the Petitioner against the orders of the Joint Collector, Chittoor passed in proceeding No.D.Dis.(E4)/6223/2002, dated 05.11.2012, as illegal, arbitrary, violative of Article 14 of the Constitution of India and consequently direct the respondents to consider the Petitioner appeal vide CCLA'S Proc.No.BCW2/620/2012, dated 22.02.2013 E4/1608/13, dated 22.02.2013 and dispose the same at earliest and to pass such other order..."
2. Though the petitioner made several allegations against the
respondents, during hearing, Sri Pullagura Nagaraju, learned
counsel for the petitioner limited his request to direct the
The Chief Commissioner of Land Administration/2nd respondent to
dispose of the Appeal vide CCLA'S Proc.No.BCW2/620/2012, dated
22.02.2013 E4/1608/13, dated 22.02.2013 filed by the petitioner
against the orders of the Joint Collector, Chittoor passed in
proceeding No.D.Dis.(E4)/6223/2002, dated 05.11.2012, 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 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
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
2nd respondent to dispose of the appeal 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 Appeal vide CCLA'S
Proc.No.BCW2/620/2012, dated 22.02.2013 E4/1608/13, dated
22.02.2013 filed by the petitioner, 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
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.16580 OF 2021
Date: 10.08.2021
IS
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