Sanaboina Venkata Siva Naga ... vs State Of Andhra Pradesh,
2021 Latest Caselaw 3923 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                 WRIT PETITION NO.22510 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 action of 3rd respondent in not deciding the petitioner's Appeal and Stay Petition dt. 05.12.2020 filed against proceedings in Rc.A/494/2019 dt.19.10.2019 issued by the 4th respondent for resumption of her land of Ac.1.50 cents in R S No.1021/2 of Nuzvid Town and Mandal of Krishna District as illegal, irregular, irrational and amounts to non discharge of legal obligation conferred on the 3rd respondent under the provisions of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 and offends Articles 14, 21 and 300A of Constitution of India and consequently direct the 4th respondent to decide her pending Appeal and Stay Petition in accordance with law...."

2. Though the petitioner made several allegations against the

respondents, during hearing, Sri V.N.V.Surya Dattu, learned counsel

for the petitioner limited his request to direct the 3rd respondent to

dispose of the Appeal along with the stay petition, without touching

the merits of the case.

3. Learned Assistant Government Pleader for Revenue appearing

for the respondents readily agreed to dispose of the Appeal along

with the stay petition filed by the petitioner, if any, pending with the

respondent-authorities.

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

3rd respondent to dispose of the Appeal along with stay petition

pending before him, I find no other alternative, except to issue such

direction.

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

3rd respondent to dispose of the Appeal along with stay petition,

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: 05.10.2021

sj

2019 (8) SCALE 544

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.22510 OF 2021

Date: 05.10.2021

sj