Citation : 2021 Latest Caselaw 3472 AP
Judgement Date : 13 September, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.19941 OF 2021
ORDER:
This petition is filed under Article 226 of the Constitution of
India seeking the following relief:-
"....to issue a Writ of Mandamus, declaring the action of 2nd respondent in failing to dispose of revision petition proceedings in Roc.D4/2709/2012, dated 27.06.2016 pending on the file of the Joint Collector, Chittoor District, as bad, illegal, arbitrary and contrary to the provisions of ROR Act and consequently direct the 2nd respondent to forthwith hear and dispose of said revision petition by following due process of law.."
2. Though the petitioner made several allegations against the
respondents, during hearing, Sri P.Madhu Sudhan, learned counsel
for petitioner limited his request to dispose of revision, dated
27.06.2016 pending before the 2nd respondent/Joint Collector,
without touching the merits of the case.
3. Learned Government Pleader for Revenue appearing for
respondents readily agreed to dispose of the revision, dated
27.06.2012, if any, pending with the respondent-authorities.
4. Recording the submissions made by the learned 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
2019 (8) SCALE 544 service to the cause of justice. As the learned counsel for the
petitioner himself requested to issue a direction to dispose of the
revision pending before the 2nd respondent/Joint Collector, I find no
other alternative, except to issue such direction.
5. In the result, the Writ Petition is disposed of, directing the
2nd respondent/Joint Collector to dispose of the revision petition in
Proceedings in Roc.D4/2709/2012, dated 27.06.2016 pending before
him, in accordance with law, within eight (08) weeks from the date of
a receipt of copy of this order. No costs.
As a sequel miscellaneous application, pending, if any, shall
also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY
Date: 13.09.2021
IS THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.19941 OF 2021
Date: 13.09.2021
IS
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