Andhra Pradesh High Court - Amravati
M.Naveen Kumar vs The State Of Andhra Pradesh, on 26 February, 2021
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.4700 OF 2021
ORDER:
This writ petition is filed under Article 226 of the Constitution
of India seeking the following relief:-
"......to issue a writ of Mandamus, declaring the action of the respondents
herein particularly respondent No.2 in not allotting any serial number and
not furnishing any information despite the lengthy time and lapsed about
presenting appeal of the petitioner dated 11.02.2020, which was registered
on 02.03.2020 against the proceedings vide D.O.No.978 of 2019,
nd
C.No.50/OEPR/2017, dated 12.12.2019 made by the 2 respondent and
not disposing the same as illegal, arbitrary, erroneous and violative of
Articles 14, 21 and 309 of the Constitution of India and consequently direct
nd
the 2 respondent to dispose of the appeal presented by the petitioner on
11.02.2020, which was registered on 02.03.2020 against the proceedings
vide D.O.No.978 of 2019, C.No.50/OEPR/2017, dated 12.12.2019
within stipulated time and pass such other order.."
2. Though the petitioner made several allegations against the
respondents, during hearing, Sri A.K. Kishore Reddy, learned
counsel for the petitioner limited his request to dispose of the appeal,
dated 11.02.2020 pending before the 2nd respondent, without
touching the merits of the case.
3. Learned Government Pleader for Services-I appearing for the
respondents readily agreed to dispose of the appeal, if any, pending
with the respondent-authorities.
4. Recording the submissions made by the learned Government
Pleader for Services-I, 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
appeal, dated 11.02.2020 pending before the 2nd respondent, I find
no other alternative, except to issue such direction.
5. In the result, the Writ Petition is disposed of, directing the
2nd respondent to dispose of the appeal, dated 11.02.2020 pending
before him, in accordance with law, within a month from today.
No costs.
As a sequel miscellaneous application, pending, if any, shall
also stand closed.
__________________________________________
JUSTICE M. SATYANARAYANA MURTHY
Date: 26.02.2021
IS
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.4700 OF 2021
Date: 26.02.2021
IS
