J. Mansri Naga Venkata Rama ... vs The State Of Andhra Pradesh,
2021 Latest Caselaw 4497 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                  WRIT PETITION NO.25374 OF 2021
ORDER:

This writ petition is filed under Article 226 of the Constitution

of India seeking the following relief:-

"....to issue Writ Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of 2nd respondent in not releasing the registered document bearing No.P85/2008 dated 31.07.2008 by deciding the appeal filed under Section 72 of the Registration Act, 1908 against the order of 3rd respondent, dated 17.06.2020 by disposing of the appeal, as bad, illegal, arbitrary, violative of Articles 14, 21 300-A of Constitution of India and consequently direct the respondents to forthwith release the document No.P85/2008 dated 31.07.2008 and pass such other order."

2. Though the petitioner made several allegations against the

respondents, during hearing, Sri D.V. Sasidhar, learned counsel for

the petitioner limited his request to direct the 2nd respondent to

dispose of the appeal filed by the petitioner against the order passed

by the 3rd respondent, dated 17.06.2020, without touching the

merits of the case.

3. Learned Assistant Government Pleader for Revenue appearing

for respondents readily agreed to take appropriate action on the

appeal filed by the petitioner against the order passed by the

3rd respondent, dated 17.06.2020, if any, pending with the

2nd respondent.

4. In view of the submission of 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

petitioner himself requested to issue a direction to the

2nd respondent to dispose of the appeal filed by the petitioner against

the order passed by the 3rd respondent, dated 17.06.2020, I find no

other alternative, except to issue such direction.

5. With the above direction, the Writ Petition is disposed of,

directing the 2nd respondent to dispose of the appeal filed by the

petitioner against the order passed by the 3rd respondent, dated

17.06.2020, if any pending with him, in accordance with law, within

four (04) weeks, from the date of receipt of a copy of this order. There

shall be no order as to costs.

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

also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 03.11.2021

IS

2019 (8) SCALE 544

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.25374 OF 2021

Date: 03.11.2021

IS