B Hanumantha Rao vs The State Of Andhra Pradesh
2021 Latest Caselaw 14 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                  WRIT PETITION No.342 OF 2021

ORDER:-


      This writ petition is filed under Article 226 of the Constitution

of India seeking the following relief:

           "......pleased to issue a writ, order or a direction, more
     particularly one in nature of Writ of Mandamus directing the
     respondents to Transfer the Petitioner either to SSKCM ZPHS

Santhanuthalapadu of Santhanuthalapadu Mandal or ZPHS Vallur of Tanguturu Mandal or ZPHS Alakurapadu of Tanguturu Mandal, Prakasam District on medical grounds in the ensuing transfers to be effected by the respondents by considering representation of the petitioner dated 23.11.2020 to the 3rd respondent and the Order of this Hon'ble Court in W.P.No.23247/2020 dated 10.12.2020 without reference to the proceedings of the 3rd respondent in Rc.No.7630/A3/2013 Dated 22.12.2020 as those places are near to Ongole and also blocked, since the petitioner is taking treatment at AMRUTHA Heart Hospital, Ongole for his Heart and Lung diseases and diabetes and pass........"

2. Though the petitioner made several allegations against the

respondents, during hearing, Sri G.Venkata Krishnaiah, learned

counsel for the petitioner, requested this Court, without touching the

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

of the representation submitted by the petitioner on 23.11.2020.

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

respondents readily agreed to dispose of the representation of the

petitioner dated 23.11.2020, if any, pending with the respondent

authorities.

4. In view of the submission of the learned Government Pleader

for Services-III, 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 dispose of the

representation, dated 23.11.2020, 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

respondent No.3 to dispose of the representation submitted by the

petitioner on 23.11.2020, 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 : 6.1.2021 Note:-

Furnish C.C. tomorrow.

B/O AMD

2019 (8) SCALE 544

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No.342 OF 2021

Date : 06.01.2021

AMD