Andhra Pradesh High Court - Amravati
Smt.Patan Rehana, vs The State Of Andhra Pradesh, on 7 January, 2021
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.846 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 direction more
particularly one in the nature of Writ of Mandamus to declare the
action of the respondents 1 to 3 in trying to disburse the
Terminal Benefits, Pension amounts, Compassionate Appointment
of the petitioner's husband Late P.Mehaboob Khan, Line Man,
A.P.S.P.D.C.L., Gajulapalle, Gandlapenta Mandal, Ananthapur
District in favour of the 4th respondent is arbitrary, illegal and
also violation of Article 21 of the Constitution of India and
consequently direct the respondents 1 to 3 not to disburse the
Terminal Benefits, Pension Amounts, Compassionate Appointment
of late P.Mehaboob Khan till the determination of final rights
pending between the petitioner and 4th respondent in O.S.47 of
2018 on the file of Senior Civil Judge, Kadiri and pass such........"
2. Though the petitioner made several allegations against the
respondents, during hearing, learned counsel for the petitioner -
Sri Maheswara Rao Kuncheam requested this Court without
touching the merits of the case, to issue a direction to respondent
Nos.1 to 3 to dispose of the legal notice/representation submitted by
the petitioner dated 11.2.2020.
3. Learned Government Pleader for Energy appearing for
respondent No.1 as well as the learned Standing Counsel for
A.P.S.P.D.C.L. appearing for respondent Nos.2 and 3 readily agreed
to dispose of the legal notice/representation of the petitioner, dated
11.2.2020, if any, pending with the respondent authorities.
4. In view of the submission of the learned Government Pleader
for Energy as well as 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 petitioner himself requested to
issue a direction to dispose of the legal notice/representation dated
11.2.2020 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 Nos.1 to 3 to dispose of the legal notice/representation
submitted by the petitioner on 11.2.2020, in accordance with law,
within four (4) weeks 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.846 OF 2021
Date : 07.01.2021
AMD
