E. Srinivasa Rao vs State Of Andhra Pradesh
2021 Latest Caselaw 1475 AP

       THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                         WRIT PETITION NO.5635 OF 2021
ORDER:

This writ petition is filed under Article 226 of the Constitution

of India seeking the following relief:-

"....to issue Writ Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in not deciding petitioner's appeal, dated 20.11.2020 filed against the impugned order, dated 12.06.2020 in Procdgs. No. Rc. No. 233/2020/EGS/HR passed by the 3rd respondent thereby reinstated the 4th respondent as Field Assistant in Sigiri Kottapalli Gram Panchayat of Laveru Mandal in Srikakulam District, as illegal, irregular, arbitrary, violative of principles of natural justice, non- discharge of legal obligation conferred under the provisions of National Rural Employment Guarantee Scheme Act, 2005 and offends Articles 14 and 21 of the Constitution of India and consequently direct the 2nd respondent to conduct enquiry on petitioner's appeal and pass appropriate orders within reasonable period....".

2. Though the petitioner made several allegations against the

respondents, during hearing, Sri Srinivas Ambati, learned counsel

for the petitioner limited his request to dispose of the appeal filed by

the petitioner on 20.11.2020 before the 2nd respondent/District

Collector, Srikakulam, without touching the merits of the case.

3. Learned Government Pleader for Services-II, appearing for

respondents readily agreed to dispose of the appeal filed by the

petitioner, if any, pending with the respondent-authorities.

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

2019 (8) SCALE 544

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 the 2nd respondent to dispose of the

appeal filed by the petitioner on 20.11.2020, I find no other

alternative, except to issue such direction.

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

2nd respondent/District Collector, Srikakulam to dispose of the

appeal filed by the petitioner on 20.11.2020, in accordance with law,

within four (04) weeks from today. No costs.

As a sequel miscellaneous applications, pending, if any, shall

also stand closed.

__________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 09.03.2021

IS

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.5635 OF 2021

Date: 09.03.2021

IS