Andhra Pradesh High Court - Amravati
G.Anki Reddy vs The State Of Andhra Pradesh on 23 July, 2021
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITON NO.14321 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 the 3rd
respondent in not passing orders in stay petition or not disposing
the appeal preferred by the petitioner against the order of the 4th
respondent in R.Dis.No. 75/2020(B), dated 16.08.2020 in
resuming the land an extent of Ac. 1.00 cents in Survey No 292/2
of Bodiganidoddi Village, Bukkaraya Samudram Mandal,
Anantapur District on the ground that for eventual assignment to
the needy people of the village as illegal, arbitrary and violative of
Article 14, 21 and 300-A of Constitution of India...."
Though the petitioners made several allegations against the
respondents, during hearing, learned counsel for the petitioner
requested this Court, without touching the merits of the case, to
issue a direction to the respondents to dispose of the Appeal and
Stay Petition filed by the petitioner in Rc.No.142/2021/D2(B),
dated 19.02.2021.
Learned Assistant Government Pleader for Revenue readily
agreed to dispose of the Appeal and Stay Petition filed by the
petitioner in Rc.No.142/2021/D2(B), dated 19.02.2021, if any
pending with the authorities.
In view of the submission of the 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 petitioners himself requested
to issue a direction to dispose of the Appeal and Stay Petition filed
by the petitioner in Rc.No.142/2021/D2(B), dated 19.02.2021, I
find no other alternative except to issue such direction.
In the result, the writ petition is disposed of, directing the
3rd respondent to dispose of the Appeal and Stay Petition filed by
the petitioner in Rc.No.142/2021/D2(B), dated 19.02.2021, in
accordance with law, within four (4) weeks from the
date of receipt of copy of this order. In the meanwhile, both parties
are directed to maintain status quo as on today. No costs.
As a sequel, Interlocutory Applications pending, if any, in
this Writ Petition, shall stand closed.
_________________________________________
JUSTICE M. SATYANARAYANA MURTHY
Date: 23-07-2021
KK
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITON NO.14321 of 2021
Date: 23-07-2021
KK
