THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.689 OF 2021
ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
"to issue a writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in not releasing the vehicle of the petitioner i.e. Bolero bearing No.AP 05 TU 5092 (Engine No GA91B11512 and Chassis No.MA1RZ2GAA91B15353) which is in the custody of 3rd respondent despite petition by the petitioner, dt 05.12.2020 for its Interim Custody as illegal, arbitrary, unconstitutional and violative of Provisions of AP Excise Act, 1968 and consequently direct the 2nd respondent to give Interim Custody of the vehicle to the petitioner."
Though the petitioner made several allegations against the respondents, during hearing, 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 representation/application of the petitioner dated 05.12.2020.
Learned Government Pleader for Home readily agreed to dispose of the application of the petitioner dated 05.12.2020, if any pending with the authorities.
In view of the submission of the learned Government Pleader for Home, I 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 no service to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to dispose of the application/ 1 2019 (8) SCALE 544 MSM,J WP_689_2021 2 representation dated 05.12.2020, I find no other alternative except to issue such direction.
In the result, the writ petition is disposed of, directing respondent Nos.2 and 3 to dispose of the application/representation of the petitioner dated 05.12.2020, in accordance with law, within one (1) week from today. No costs.
The miscellaneous petitions pending, if any, shall also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY 07.01.2021 Ksp