Citation : 2021 Latest Caselaw 996 AP
Judgement Date : 19 February, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.4029 OF 2021
ORDER:
This writ petition is filed under Article 226 of the Constitution of
India seeking the following relief:
"to issue a Writ, Order or Direction more particularly in the nature of Writ of Mandamus declaring the action of the 1st respondent in not considering and disposing petitioner Mercy Appeal, dated 03.03.2020 as illegal, arbitrary and contrary to APSRTC (CC&A) Regulations and Law and further direct the 1st respondent to consider and pass appropriate orders on the petitioner Mercy Appeal as per circular instructions of the 1st respondent vide No.PD 5/2009, dated 23.02.2009 forthwith as per Law and existence Circulars of the 1st respondent corporation in the interest of justice."
2. Though the petitioner made several allegations against the
respondents, during hearing, the 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 of the
petitioner, dated 03.03.2020.
3. Learned Standing Counsel for APSRTC readily agreed to dispose
of the representation of the petitioner if any, pending with the
respondents authorities.
4. In view of the submission of the learned Standing Counsel for
APSRTC, 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 not service to the cause of
justice. As the learned counsel for the petitioner himself requested to
2019 (8) SCALE 544
dispose of the representation of the petitioner, dated 03.03.2020, I find
no other alternative except to issue such direction.
In the result, the Writ Petition is disposed of, directing the
respondents to dispose of the representation of the petitioner, dated
03.03.2020, in accordance with law within four (4) weeks from today.
No costs.
The miscellaneous petitions pending, if any in the Writ Petition,
shall also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY
Date: 19.02.2021
IS
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