Andhra Pradesh High Court - Amravati
B Subba Ramaiah vs State Of Ap on 5 March, 2021
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
1
HONOURABLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION No.4685 of 2021
ORDER:(Heard and pronounced through Blue Jeans App (Virtual) mode, since this mode is adopted on account of prevalence of COVID-19 pandemic) Heard the learned counsel for the petitioners, the learned Assistant Government Pleader for Revenue, representing respondents and with their consent, the writ petition is disposed of, at the stage of admission.
2. The writ petition is filed seeking to declare the action of the 4th respondent in not conducting enquiry under Andhra Pradesh Inams Abolition and Conversion into Ryothwari Act, 1956 as directed by the 3rd respondent vide proceedings dated 24.05.2017, though the said order attained finality, as arbitrary, illegal and violative of Article 14 of the Constitution of India and consequently direct the 4th respondent to conduct fresh enquiry as directed by the 3rd respondent and complete the same in accordance with law.
3. The grievance of the petitioners in the instant writ petition is that despite remanding the matter to the 4th respondent by an order dated 24.05.2017 passed by the 3rd respondent, no action has been taken to decide the issue more than 3 ½ years elapsed.
4. The learned counsel for the petitioners urged that the inaction on the part of the 4th respondent is unjust, violative of the Constitutional rights of the petitioners, constitutes abdication of duties and they are subjected to serious prejudice and irreparable loss. He accordingly seeks a direction to the 4th respondent to issue a direction to the 4th respondent to implement the order of the 3rd respondent dated 24.05.2017 by fixing a 2 time frame. The learned Assistant Government Pleader for Revenue, fairly agreed for the said submission.
5. Accordingly, without going into merits of the case, the writ petition is disposed of with a direction to the 4th respondent to take up the matter for fresh enquiry as directed by the 3rd respondent vide order dated 24.05.2017 and complete the same by adhering to strict procedure contemplated under law, within a period of eight(8) weeks after issuing appropriate notices to the petitioners and also concerned parties.
There shall be no order as to costs. As a sequel, all the pending miscellaneous applications, if any, shall stand closed.
______________________ NINALA JAYASURYA, J Date: 05.03.2021 BLV 3 HON'BLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No.4685 of 2021 Dt: 05.03.2021 BLV