Smt. Pydi Krishnaveni vs The State Of Andhra Pradesh
2021 Latest Caselaw 839 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                     WRIT PETITION No.3623 OF 2021

ORDER:-


         This   writ    petition   is    filed   under       Article   226   of   the

Constitution of India seeking the following relief:-

            "......pleased to issue an appropriate writ, order or direction
     more particularly one in the nature of WRIT OF MANDAMUS
     aggrieved by the action of the 3rd respondent in not considering the

petitioner's objections and trying to give appointment under compassionate grounds to 4th respondent during pendency of SOP (Succession Petition) 8 of 2019 on the file of the Senior Civil Judge at Srikakulam is without any authority under law which is highly illegal, unjust, arbitrary and contrary to law and violations of principles of natural justice and contrary to Articles 300-A and 14, 21 of Constitution of India and consequently direct the 3rd respondent not to give any compassionate appointment to 4th respondent during pendency of SOP (Succession Petition) 8 of 2019 on the file of the Senior Civil Judge at Srikakulam and consider the petitioner's objections and pass such ....."

2. Though the petitioner made several allegations against the

respondents, during hearing, Sri S.Srinivasa Rao, learned counsel

for the petitioner, requested this Court, without touching the

merits of the case, to issue a direction to respondent No.3 to

consider the objections/legal notice, dated 28.1.2021, of the

petitioner.

3. Learned Government Pleader for Services-I appearing for the

respondents readily agreed to consider the objections/legal notice,

dated 28.1.2021, of the petitioner, if any, pending with the

respondent authorities.

4. In view of the submission of 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 case of 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

respondent No.3 to consider the objections/legal notice, dated

28.1.2021, of the petitioner, I find no other alternative except to

issue such direction.

5. In the result, the Writ Petition is disposed of, directing

respondent No.3 to consider the objections/legal notice, dated

28.1.2021, of the petitioner, in accordance with law, within a

period of one month from today. There shall be no order as to

costs.

Miscellaneous petitions pending, if any, in this Writ Petition

shall stand closed.

_________________________________________ JUSTICE M.SATYANARAYANA MURTHY Date : 15.2.2021 AMD

2019 (8) SCALE 544

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No.3623 OF 2021

Date : 15.02.2021

AMD