Extracted from the PDF above. The PDF is authoritative.
APHC010170642025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8927/2025 Between: Chakali Guruswamy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. S LAKSHMINARAYANA REDDY Counsel for the Respondent(S):
1. GP FOR REVENUE The Court made the following:
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8927/2025
ORDER:
The present writ petition is filed under Article 226 of the Constitution of India seeking following relief:
“to issue Writ or order direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3RD respondent in not disposing of the appeal vide Roc.G/994/2023 dated 07.07.2023 pending on the file of the 3RD respondent since 2023 is as illegal, arbitrary and contrary to Section 5(5) of A.P.Pattadar Pass Book Act, 1971 and violation of Article 14 and 21 of the Constitution of India and consequently direct the 3rd respondent to dispose of the appeal vide Roc.G/994/2023 dated 07.07.2023 pending on the file of the 3rd respondent forthwith and pass such other order or orders….”
2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents.
3.
Learned counsel for the petitioner submits that it will be suffice if a direction is given to respondent authorities, more particularly, 3rd respondent herein to consider and dispose of the Appeal dated 07.07.2023 preferred by the petitioner.
4. Learned Government Pleader appearing for the respondents would submit that the Appeal dated 07.07.2023 preferred by the petitioner
would be considered by the respondent authorities, in accordance with law, within a reasonable time.
5. In view of the submission made by the learned Government Pleader for Revenue, this Court 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 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 dated 07.07.2023, this Court find no other alternative except to issue such direction.
6. Accordingly, with the consent of both the learned counsel, the present Writ Petition is disposed of, with a direction to the respondent authorities, more particularly, 3rd respondent herein to consider and dispose of the Appeal dated 07.07.2023 preferred by the petitioner, in accordance with law, after providing opportunity of hearing to both the parties, within a period of three (03) months from the date of receipt of a copy of this order. Till disposal of the said Appeal, Status quo obtaining as on today shall be maintained by all the parties concerned in respect of the subject property. There shall be no order as to costs.
1 2019 (8) SCALE 544
Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. _______________________________ VENKATESWARLU NIMMAGADDA, J 07.04.2025 BSP
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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.8927 of 2025
07.04.2025 BSP