T Venkatappala Naidu vs State Of Ap

Citation : 2021 Latest Caselaw 401 AP
Judgement Date : 28 January, 2021

Andhra Pradesh High Court - Amravati
T Venkatappala Naidu vs State Of Ap on 28 January, 2021
Bench: M.Satyanarayana Murthy
     THE HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY

                   WRIT PETITION No.21619 of 2020
ORDER:

This writ petition is filed by the petitioner under Article 226 of the Constitution of India seeking the following relief:

"....issue a Writ, Order or direction particularly one in the nature of Writ of Mandamus declaring the G.O.Ms.No.71, dt.25.01.2019 in so far as it deprives the Petitioner's seniority in the category of Prohibition & Excise Inspector as arbitrary, illegal and violative of Articles 14, 16 and 21 of the Constitution of India and further declare that the Petitioner is entitled to count his seniority in the category of Prohibition & Excise Inspector from the date of his promotion i.e., 11.07.2008 and pass such other order or orders...."

2. Though the petitioner made several allegations against the respondents, during hearing, Sri Seepani S.Kumar, learned counsel for the petitioner, requested this Court, without touching the merits of the case, to issue a direction to the respondents to dispose of the representations, dated 01.10.2020 and 05.10.2020, submitted by the petitioner.

3. Learned Government Pleader for Services I appearing for the respondents readily agreed to dispose of the petitioner's representations, dated 01.10.2020 and 05.10.2020, if any, pending with the respondent authorities.

4. In view of the submission of learned Government Pleader for Services I appearing for the respondents, I need not decide the truth or otherwise of the allegations made in the writ 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 vs. 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 service to the cause of justice. As the learned counsel for the 1 2019(8) SCALE 544 2 MSM,J W.P.No.21619 of 2020 petitioner himself requested to issue a direction to dispose of the representations, dated 01.10.2020 and 05.10.2020, submitted by the petitioner, I find no other alternative except to issue such direction.

5. In the result, the Writ Petition is disposed of, directing the respondents to dispose of the representations, dated 01.10.2020 and 05.10.2020, submitted by the petitioner, in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

As a sequel, all the pending miscellaneous applications shall stand closed.

                                           _____________________________
                                           M.SATYANARAYANA MURTHY, J
28th January, 2021
GHN
 3                 MSM,J
    W.P.No.21619 of 2020