Citation : 2021 Latest Caselaw 2607 AP
Judgement Date : 26 July, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.14423 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 3rd respondent/ Revenue Divisional officer, Kurnool, in considering the appeals of the petitioners in Rc.A.194/LA-V/19/2015 filed against the orders of the Tahsildar, Orvakal Mandal in Rc.A.588/2014, dated 17.10.2014 as illegal, arbitrary and violative of Article 21 and 300-A of Constitution of India and issue a consequential direction to the 3rd respondent to pay dispose of the appeals and pay the petitioners compensation on par with other land owners and pass such other orders...."
2. Though the petitioners made several allegations against the
respondents, during the course of hearing learned counsel for the
petitioners requested this Court without touching the merits of the
case, to issue a direction to the 3rd respondent to dispose of the
Appeal filed by the petitioner in Rc.A.194/LA-V/19/2015.
3. Learned Government Pleader for Revenue appearing for
respondents readily agreed to dispose of the Appeal filed by the
petitioners in Rc.A.194/LA-V/19/2015, 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 petitioners himself requested to
issue a direction to dispose of the Appeal 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 3rd
respondent/ Revenue Divisional Officer to dispose of the Appeal filed
by the petitioner in Rc.A.194/LA-V/19/2015, in accordance with law,
within eight (08) 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: 26.07.2021
KK
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.14423 OF 2021
Date: 26.07.2021
KK
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