Panyam Shiva vs The Project Director
2021 Latest Caselaw 446 AP

       THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                         WRIT PETITION NO.2094 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 one in the nature of

Writ of Mandamus, to issue a Writ or Order more in the nature of

Mandamus, declaring the action of the 3rd respondent in not disposing the

appeal dated 27.10.2020 of the petitioner, as illegal arbitrary unjust and

contrary to the principles of natural justice and consequentially direct the 3rd

respondent to dispose the appeal dated 27.10.2020 of the petitioner in a time

frame pass such other order."

2. Though the petitioner made several allegations against the

respondents, during hearing, learned counsel for the petitioner

limited his request to dispose of the appeal dated 27.10.2020

pending before the 3rd respondent, without touching the merits of the

case on hand.

3. Learned Government Pleader for Services-II appearing for

respondents readily agreed to dispose of the appeal dated

27.10.2020, if any, pending with the 3rd respondent.

4. In view of the learned Government Pleader for Services-II,

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

2019 (8) SCALE 544

requested to issue a direction to dispose of the appeal dated

27.10.2020 pending with the 3rd respondent, I find no other

alternative, except to issue such direction.

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

3rd respondent to dispose of the appeal dated 27.10.2020, pending

for consideration with him, in accordance with law, within two (02)

months from the date of receipt of a copy of this order. No costs.

The miscellaneous petitions pending, if any, shall also stand

closed.

__________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 29.01.2021

IS

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.2094 OF 2021

Date: 29.01.2021

IS