Y. Dayakaraiah, Nellore Dist. vs The Joint Collector, Nellore ...
2021 Latest Caselaw 1772 AP

       THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                         WRIT PETITION NO.15996 OF 2011

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 notification issued by the nd 2 respondent vide Rc.No.1266/2011, dated 24.05.2011 in so far as shop

No.7, Anikepally village, Venkatachalam Mandal, Nellore District, as illegal,

arbitrary and violative of principles of natural justice and consequently set

aside the said notification to the extent of said shop and pass such other

order..."

2. Though the petitioners made several allegations against the

respondents, during hearing, Sri K.Vinaya Kumar, learned counsel

for the petitioner limited his request to dispose of the appeal, dated

07.01.2011 preferred by the petitioner, without touching the merits

of the case.

3. Learned Government Pleader for Civil Supplies appearing for

the respondents readily agreed to dispose of the appeal, dated

07.01.2011 preferred by the petitioner, if any, pending with the

respondent-authorities.

4. Recording the submissions made by the learned Government

Pleader for Civil Supplies, 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 not

2019 (8) SCALE 544

service to the cause of justice. As the learned counsel for the

petitioners himself requested to issue a direction to dispose of the

appeal, dated 07.01.2011 preferred by the petitioner, I find no other

alternative, except to issue such direction.

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

respondent authorities to dispose of the appeal, dated 07.01.2011

preferred by the petitioner, in accordance with law, within a month

from today. No costs.

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

also stand closed.

__________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 26.03.2021

IS

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.15996 OF 2011

Date: 26.03.2021

IS