Citation : 2021 Latest Caselaw 1309 AP
Judgement Date : 3 March, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.5132 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 a Writ of Mandamus declaring the action of the
Respondent No.2 in not disposing the Petitioner Representation
dt.26.07.2017 is arbitrary, illegal and violative of Principles of Natural justice and consequently direct the Respondent No.3 to consider and pass appropriate orders on the petitioner representation dt.26.07.2017 forthwith duly considering Memo No.14452/CE.II1/2002-2 dt.21.07.2003 issued by the 1st Respondent and the specific recommendations dt.14.12.2018 and 30.01.2018 of the Respondents No.3 and 4 respectively and pass....."
2. Though the petitioner made several allegations against the
respondents, during hearing, Sri O.Uday Kumar, learned counsel
for the petitioner, requested this Court, without touching the
merits of the case, to issue a direction to respondent No.2 to
dispose of the representation submitted by the petitioner on
26.7.2017 keeping in view Memo No.14452/CE.II1/2002-2, dated
21.07.2003, issued by respondent No.1 and the recommendations,
dated 14.12.2018 and 30.01.2018, of respondent Nos.3 and 4
respectively.
3. Learned Government Pleader for Services-III appearing for
the respondents readily agreed to dispose of the representation of
the petitioner, dated 26.7.2017, if any, pending with the
respondent authorities keeping in view Memo
No.14452/CE.II1/2002-2, dated 21.07.2003, issued by respondent
No.1 and the recommendations, dated 14.12.2018 and
30.01.2018, of respondent Nos.3 and 4 respectively.
4. In view of the submission of the learned Government Pleader
for Services-III, 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 26.7.2017, 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 the
respondents to dispose of the representation submitted by the
petitioner on 26.7.2017 keeping in view Memo
No.14452/CE.II1/2002-2, dated 21.07.2003, issued by respondent
No.1 and the recommendations, dated 14.12.2018 and
30.01.2018, of respondent Nos.3 and 4 respectively, in accordance
with law, within a period of 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 : 3.3.2021 AMD
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.5132 OF 2021
Date : 3.3.2021
AMD
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