Kare Vijay Kumar, vs The State Of Andhra Pradesh,
2021 Latest Caselaw 432 AP

Citation : 2021 Latest Caselaw 432 AP
Judgement Date : 29 January, 2021

Andhra Pradesh High Court - Amravati

Kare Vijay Kumar, vs The State Of Andhra Pradesh, on 29 January, 2021

Bench: M.Satyanarayana Murthy

   

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI "

FRIDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY ONE
:PRESENT:

THE HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY

IA No. 1 OF 2020
IN
WP NO: 19885 OF 2020
Between:
Kare Vijay Kumar, S/o Late Raghavulu, Age 56 years, R/o Vidya Nagar, Near water
park, Eluru, West Godavari District.

...Petitioner(s)
(Petitioner in WP 19885 OF 2020
on the file of High Court)
AND

1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue
Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District.

2. The Eastern Power Distribution Company of Andhra Pradesh Ltd., Represented

by its Managing Director, Visakhapatnam.

The Superintending Engineer, Operations Circle, Eluru, West Godavari District.

The Divisional Engineer Operations, Eluru, West Godavari District.

The Accounts Officer, ERO Rural, EPDCL, Eluru, West Godavari District
...Respondent(s)

(Respondents in-do-)

Ow

Counsel for the Petitioner: SRILS.SRINIVASA RAO
Counsel for the Respondent No.1: GP FOR REVENUE
Counsel for the Respondent Nos.2 & 3: SRI METTA CHANDRASEKHAR RAO (SC)

Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the petition, the High Court may be pleased to direct the
Respondents to reinstate the Petitioner into the post of Senior Assistant, ERO, Eluru by
consider his Representation, dated 20.3.2020, pending disposal of the Writ Petition
No. 19885 of 2020, on the file of the High Court.

The court while directing issue of notice to the Respondents herein to show
cause as to why this application should not be complied with, made the following
order.(The receipt of this order will be deemed to be the receipt of notice in the case).
The Court made the following:

ORDER:

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY I.A.No.1 of 2020 in WRIT PETITION NO.19885 OF 2020

ORDER:

This application is filed under Section 151 of the Civil

Procedure Code claiming the following relief:-

«to direct the respondents to reinstate the petitioner into the post of Senior Assistant, ERO, Eluru by considering the representation, dated 20.03.220 submitted by the petitioner, pending disposal of the writ petition and pass such other order."

Though the petitioner made several allegations against the respondents, during hearing, learned counsel for the petitioner requested to dispose of the representation submitted by the

petitioner on 20.03.2020.

Learned Government Pleader for Revenue appearing for Respondent No.1 and Sri Metta Chandra Sekhar Rao, learned Standing Counsel for A.P.E.P.D.C.L appearing for Respondent Nos.2 and 3 readily agreed to dispose of the representation dated 20.03.2020 submitted by the petitioner, if any, pending with the

respondent-authorities.

In view of the submissions of Learned Government Pleader for Revenue appearing for Respondent No.1 and Sri Metta Chandra Sekhar Rao, learned Standing Counsel for A.P.E.P.D.C.L appearing for Respondent Nos.2 and 3, 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

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Court in "The Government of India v. P.Venkatesh)', 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 issue a direction to dispose of the

representation dated 20.03.2020 submitted by the petitioner, I find

no other alternative, except to issue such direction.

In the result, this Interlocutory Application is disposed of, directing the respondent authorities to dispose of the representation submitted by the petitioner dated 20.03.2020, in accordance with

law, within a month from today. No costs.

Sd/-K.TataRao

ASSISTANT REGISTRAR

Suddhoe

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SECTION OFFICER

ITTRUE COPY// For.

. The Principal Secretary, Revenue Department, State of Andhra Pradesh,

Secretariat Buildings, Velagapudi, Amaravati, Guntur District.

The Managing Director, Eastern Power Distribution Company of Andhra Pradesh

Ltd., Visakhapatnam.