Andhra Pradesh High Court - Amravati
Yerramsetti Venkata Apparao Jaya ... vs The A.P.State Housing ... on 21 January, 2021
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.25797 OF 2020
ORDER:-
This writ petition is filed under Article 226 of the Constitution
of India seeking the following relief:
"......pleased to issue writ or order or direction more in the
nature of Writ of Mandamus to declare action of the 1st
respondent in not passing orders on the 2nd respondent
proceedings Rc.No.1751/2019/C Dated 24.12.2019 as illegal,
arbitrary, unjust and consequentially direct the 1st respondent to
pass orders on the 2nd respondent Rc.No.1751/2019/C Dated
24.12.2019 by fixing outer time limit and pass........"
2. Though the petitioners made several allegations against the
respondents, during hearing, Sri K.R.Srinivas, learned counsel for
the petitioners, requested this Court, without touching the merits of
the case, to issue a direction to respondent No.1 to pass orders on
the proceedings of respondent No.2 vide Rc.No.1751/2019/C, dated
24.12.2019, keeping in view the orders of the Apex Court in Orissa
Lift Irrigation Corporation Limited vs. Rabi Sankar Patro
[M.A.Nos.1795-1796 of 2017 in Civil Appeal Nos.17869-17870 of
2017].
3. Learned Standing Counsel appearing for the respondent
Corporation readily agreed to pass orders on the proceedings of
respondent No.2 vide Rc.No.1751/2019/C, dated 24.12.2019,
keeping in view the orders of the Apex Court in Orissa Lift
Irrigation Corporation Limited's case (referred above).
4. In view of the submission of the learned Standing Counsel, 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 petitioners
himself requested to issue a direction to pass orders on the
proceedings of respondent No.2 vide Rc.No.1751/2019/C, dated
24.12.2019, keeping in view the orders of the Apex Court in Orissa
Lift Irrigation Corporation Limited's case (referred above), I find
no other alternative except to issue such direction.
5. In the result, the Writ Petition is disposed of, directing
respondent No.1 to pass orders on the proceedings of respondent
No.2 vide Rc.No.1751/2019/C, dated 24.12.2019, keeping in view
the orders of the Apex Court in Orissa Lift Irrigation Corporation
Limited's case (referred supra), 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 : 21.1.2021
AMD
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.25797 OF 2020
Date : 21.01.2021
AMD
