Citation : 2021 Latest Caselaw 2551 AP
Judgement Date : 23 July, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.13941 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 inaction of the 2nd respondent in disposing of the Appeal vide Roc B1/2575/2020 pending before him for cancellation of the Assignment Pattas granted to the respondents 4and 5 and others in Appeal Petition in respect of the lands to the extents of Ac. 419 Cents in S.No 272/1 and Ac. 395 Cents in S.No.199/3, 202 and 218 situated at Karasanapalli Kattargapalli Village, Peddapanjani Mandal, Chittoor District respectively as biased illegal and void and direct the 2nd respondent to dispose of the above Appeal within four (4) weeks and consequently direct the 3rd respondent not to assign any piece of land of the petitioner in respect of the lands in S.No. 202, 218, 272-1 and 1993 to an extent of Ac. 226-13 Cents situated at Karasanapalli (Kattarlapalli) Village, Peddapanjani Mandal, Chittoor District 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 B1/2575/2020 filed by the petitioner vide.
3. Learned Government Pleader for Revenue appearing for
respondents readily agreed to dispose of the Appeal vide Roc.
B1/2575/2020 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.B1/2575/2020
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/ R.D.O, Madanapalli Revenue Division,
Chittoor District to dispose of the Appeal vide Roc.B1/2575/2020
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: 23.07.2021
KK
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.13941 OF 2021
Date: 23.07.2021
KK
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