Andhra Pradesh High Court - Amravati
Yendapalli Kannamma vs The State Of Andhra Pradesh on 6 September, 2021
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.19372 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 the 3rd
respondent in not considering the Appeal filed Vide Appeal No.
537175/2021 and stay application filed vide I.A.No.526126/2021
against the orders made in A.O.S.No.27/2018 dt. 04.04.2020 on the
file of the Sub-Collector Paderu i.e 4th respondent herein as illegal
and contrary to law, by issuing appropriate order or direction in the
interest of Justice...".
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 Appeal No. 537175 of
2021 and stay application No.I.A.No.526126 of 2021, filed by the
petitioners against the order passed by the 4th respondent in
A.O.S.No. 27 of 2018, dated 04.04.2020,
Learned Assistant Government Pleader for Revenue readily
agreed to dispose of the Appeal No. 537175 of 2021 and stay
application No.I.A.No.526126 of 2021, filed by the petitioners against
the order passed by the 4th respondent in A.O.S.No. 27 of 2018, dated
04.04.2020, 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 petitioners himself
requested to issue a direction to dispose of the Appeal No. 537175 of
2021 and stay application No.I.A.No.526126 of 2021, filed by the
petitioners against the order passed by the 4th respondent in
A.O.S.No. 27 of 2018, dated 04.04.2020, I find no other alternative
except to issue such direction.
In the result, the writ petition is disposed of, directing the 3rd
respondent/ Joint Collector to dispose of the Appeal No. 537175 of
2021 and stay application No.I.A.No.526126 of 2021, filed by the
petitioners against the order passed by the 4th respondent in
A.O.S.No. 27 of 2018, dated 04.04.2020, in accordance with law,
within four (4) weeks from the date of receipt of copy of this order. No
costs.
As a sequel, miscellaneous applications pending, if any, shall
also stand closed.
_________________________________________
JUSTICE M. SATYANARAYANA MURTHY
Date: 06.09.2021
KK
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No. 19372 OF 2021
Date: 06.09.2021
KK
