Andhra Pradesh High Court - Amravati
Tikkarapu Chenchamma, vs State Of Andhra Pradesh on 7 January, 2021
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.24050 OF 2020
ORDER:-
This writ petition is filed under Article 226 of the Constitution
of India seeking the following relief:
"......pleased to declare the action of the 3rd and 4th
Respondents in not taking any action on the representation of
the petitioner dated 05.10.2020 for taking further action against
the 6th Respondent for obtaining Family Member Certificate
dated 07.01.2020 by false representation and suppression of
facts as per G.O.Ms.No.237, Revenue (Services-II) Dept., dated
30.06.2015 and G.O.Ms.No.177, Revenue (Ser.II) Dept., dated
29.04.2016 and also action of the 5th Respondent in proceeding
to pay the death benefits of late Sri Jayaramaiah to the 6th
Respondent on the basis of false Family Member Certificate dated
07.01.2020 as illegal, arbitrary and consequently direct the
Respondents 3 and 4 to launch prosecution against the 6th
Respondent for producing false affidavit claiming that she is
only member of family of late Sri Jayaramaiah and further direct
the 5th Respondent not to release the death benefits of late Sri
T.Jayaramaiah, Field Assistant to 6th Respondent and pass......"
2. Though the petitioner made several allegations against the
respondents, during hearing, Sri K.Rama Subba Rao, 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 05.10.2020.
3. Learned Government Pleader for Services - I appearing for
respondent Nos.1 to 5 readily agreed to dispose of the representation
of the petitioner, dated 05.10.2020, if any, pending with the
respondent authorities.
4. In view of the submission of the learned Government Pleader, 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
05.10.2020, 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 05.10.2020, 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 : 7.1.2021
AMD
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.24050 OF 2020
Date : 07.01.2021
AMD
