Citation : 2021 Latest Caselaw 2169 AP
Judgement Date : 28 June, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.12022 OF 2021
ORDER:
This writ petition is filed under Article 226 of the Constitution
of India seeking the following relief:
"to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in not deciding petitioners' Revision and Stay Petition dated 03.06.2021 filed against Proceedings in D.Dis.No.571/2020 dated 23.04.2014 passed by the 3rd respondent under the provisions of Section 9 of Andhra Pradesh Rights in Land & Pattadar Passbooks Act, 1971, and rules framed thereunder, as illegal, irregular, irrational and amounts to non discharge of legal obligation conferred on him under said statute and offends Article 14 of the Constitution of India and consequently direct the 2nd respondent to decide petitioners' pending Revision Petition and Stay petition in accordance with law."
Though the petitioners made several allegations against the
respondents, during hearing, learned counsel for the petitioners
requested this Court, without touching the merits of the case, to
issue a direction to the respondents to dispose of the Revision and
Stay Petition dated 03.06.2021.
Learned Assistant Government Pleader for Revenue readily
agreed to dispose of the Revision and Stay Petition dated 03.06.2021
of the petitioners, 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
2019 (8) SCALE 544 MSM,J WP_12022_2021
petitioners himself requested to issue a direction to dispose of the
Revision and Stay Petition dated 03.06.2021 of the petitioners, I find
no other alternative except to issue such direction.
In the result, the writ petition is disposed of, directing the
respondents to dispose of the Revision and Stay Petition dated
03.06.2021, 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.
Consequently, miscellaneous petitions pending, if any, shall
also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY
Date:28.06.2021 SP
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