Dasari Padma vs The State Of Andhra Pradesh
2021 Latest Caselaw 2580 AP

       THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                         WRIT PETITION NO.13511 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 3rd respondent in not passing any orders in Appeal filed by the petitioner under Section 5(B) of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 is bad, arbitrary, illegal, unconstitutional, violative of Principles of natural justice and violative of Articles 14 and 300-A of the Constitution of India and consequently direct the 3rd respondent to pass order in Appeal filed by the petitioner U/Sec 5(B) of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 and to pass such other order.."

2. Though the petitioner made several allegations against the

respondents, during hearing, Sri V.Venkateswarlu, learned counsel

for the petitioner limited his request to dispose of appeal pending

before the 3rd respondent/Revenue Divisional Officer, without

touching the merits of the case.

3. Learned Government Pleader for Revenue appearing for the

respondents readily agreed to dispose of the appeal, if any, pending

with the respondent-authorities.

4. Recording the submissions made by the learned 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 dispose of the

2019 (8) SCALE 544

revision pending before the 3rd respondent/Revenue Divisional

Officer, I find no other alternative, except to issue such direction.

5. In the result, the Writ Petition is disposed of, directing the

3rd respondent/Revenue Divisional Officer to dispose of the appeal

pending before him, in accordance with law, within four (04) weeks

from the date of a receipt of copy of this order. No costs.

As a sequel miscellaneous application, pending, if any, shall

also stand closed.

__________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 24.07.2021

IS

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.13511 OF 2021

Date: 24.07.2021

IS