Citation : 2021 Latest Caselaw 3657 AP
Judgement Date : 21 September, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.20872 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 the 2nd respondent in not disposing of the Revision Petition No.251 of 2014, dated 01.09.2014, on the file of the Chief Commissioner of Appeals, (CCLA) Chief Commissioner of Land Administration at Gollapudi, Vijayawada in accordance with law as illegal, arbitrary, unconstitutional, violation of Principles of Natural Justice and consequently direct the respondent No.2 to dispose of the Revision Petition No.251 of 2014 dated 01.09.2014, on the file of the Chief Commissioner of Appeals (CCLA) Chief Commissioner of Land Administration at Gollapudi, Vijayawada and pass such other orders...."
2. Though the petitioner made several allegations against the
respondents, during the course of hearing, learned counsel for the
petitioner requested this Court without touching the merits of the
case, to issue a direction to the 2nd respondent to dispose of the
Revision Petition No.251 of 2014 dated 01.09.2014, stating that
keeping pending the same for seven years is violative of principles of
the Constitution of India, as speedy justice is also part of
fundamental right as guaranteed under Constitution of India.
3. Learned Government Pleader for Revenue appearing for
respondents readily agreed to dispose of the Revision Petition No.251
of 2014 dated 01.09.2014, if any pending with the respondent
authorities.
4. In view of the submission of Government Pleader for Revenue
appearing for respondents, I need not decide the truth or otherwise of
the allegations made in the petition.
5. 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 serve to the cause of
justice. As the learned counsel for the petitioner himself requested to
issue a direction to dispose of the Appeal filed by the petitioner, I find
no other alternative except to issue such direction.
6. In the result, Writ Petition is disposed of, directing the 2nd
respondent to dispose of the Revision Petition No.251 of 2014 dated
01.09.2014, in accordance with law, within two (02) months from the
date of receipt of a copy of this order. No costs.
As a sequel, miscellaneous applications pending, if any, shall
also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY
Date: 21.09.2021
KK
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.20872 OF 2021
Date: 21.09.2021
KK
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