Citation : 2021 Latest Caselaw 2964 AP
Judgement Date : 10 August, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.16574 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 2nd respondent in not disposing the Revision Petition No.3040 of 2017 filed by the un-official respondent herein, as illegal, arbitrary and violative of principles of natural justice and consequently direct the 4th respondent to restore the names of petitioner by deleting the name of un-official respondent in the revenue records, 1-B and Adangal in respect of Sy.No.766/4 in an extent of Ac.1.00 cents situated at B.K.Samudram Village and Mandal, Ananthapuramu District...."
2. Though the petitioners made several allegations against the
respondents, during hearing, Sri K.Srinivas, learned counsel for the
petitioners limited his request to direct the Joint Collector/
2nd respondent to dispose of the Revision Petition No.3040 of 2017
filed by the un-official respondent, without touching the merits of the
case.
3. Learned Assistant Government Pleader for Revenue appearing
for the respondents readily agreed to dispose of the revision petition
filed by the un-official respondent, 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
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
petitioners himself requested to issue a direction to the
2nd respondent to dispose of the revision 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
2nd respondent to dispose of the Revision Petition No.3040 of 2017,
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
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.16574 OF 2021
Date: 10.08.2021
IS
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