Manthena Venkoba v. The Revisional Authority

HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.10928 of 2019 ORDER:

The petitioner seeks to assail the order dated 14.6.2016 passed by the Joint Collector, Karimnagar District, dismissing his Revision Petition bearing No.D1/246/2014.

Perusal of the said order reflects that the revisionary authority was informed that the petitioner was intending to file a civil suit before the competent Court for declaration of title and that he was not willing to proceed with the case. A petition to this effect was filed by the petitioner through his counsel to close the case without prejudice. Accepting the plea of the petitioner, the revisionary authority dismissed the Revision Petition as closed. Perusal of the affidavit filed in support of this Writ Petition demonstrates that except for asserting that his counsel filed a memo on 03.10.2015 in the Revision Petition without his instructions, the petitioner has no explanation as to why he kept quiet for nearly three years after the dismissal of his Revision Petition.

Having filed a Revision Petition before the statutory authority, it is hardly believable that the petitioner would not have even enquired as to its status for nearly three years. Sri Vemuganti Mahesh Kumar, learned counsel for the petitioner, would fairly concede that there is no evidence of the petitioner having taken any steps against his counsel who allegedly filed a memo in the Revision Petition without instructions.

The aforestated facts clearly demonstrate that the petitioner, having got his Revision Petition dismissed, filed this Writ Petition as an afterthought so as to revive the litigation, be it for whatever reason.

The Writ Petition is therefore utterly lacking in bona fides and is accordingly dismissed.

Pending Miscellaneous Petitions, if any, shall also stand dismissed. No order as to costs.

________________________ JUSTICE SANJAY KUMAR 06th June, 2019 dr