Citation : 2021 Latest Caselaw 2418 AP
Judgement Date : 15 July, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.13603 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 the 2nd Respondent in not passing any orders/disposing of the Petitioners ROR Appeal vide Roc 84/913/2017 as illegal improper incorrect arbitrary unconstitutional and violation of Article 300-A of Constitution of India and consequently direct the 2nd Respondents to forthwith pass orders/ dispose off the ROR Appeal vide Roc B4/913/2017 filed by the petitioner and pass such other orders...."
2. Though the petitioner made several allegations against the
respondents, during the course of hearing learned counsel for the
petitioner requested this Court without touching the merits of the
case, to issue a direction to the 2nd respondent to dispose of the
Appeal vide Roc.B4/913/2017 filed by the petitioner vide.
3. Learned Government Pleader for Revenue appearing for
respondents readily agreed to dispose of the Appeal vide
Roc.B4/913/2017 filed by the petitioner, if any pending with the
respondent authorities.
4. In view of the submission of Government Pleader for Revenue
appearing for respondents, I need not decide the truth or otherwise of
the allegations made in the petition.
5. 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 not serve to the cause of
justice. As the learned counsel for the petitioner himself requested to
issue a direction to dispose of the Appeal vide Roc.B4/913/2017 filed
by the petitioner, I find no other alternative except to issue such
direction.
6. In the result, Writ Petition is disposed of, directing the 2nd
respondent/ Sub-Collector, Madanapalli, Chittoor District to dispose
of the Appeal vide Roc.B4/913/2017 filed by the petitioner, in
accordance with law, within four (04) weeks from the date of receipt of
a copy of this order. No costs.
As a sequel, miscellaneous applications pending, if any, shall
also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY
Date: 15.07.2021
KK
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.13603 OF 2021
Date: 15.07.2021
KK
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