Andhra Pradesh High Court - Amravati
T.Chenchaiah vs State Of Andhra Pradesh, on 25 March, 2021
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.7037 OF 2021
ORDER:
This Writ Petition is filed under Article 226 of the Constitution
of India seeking the following relief:-
"......to issue a writ or direction preferably writ of mandamus
declaring the action of the respondents 2 & 3 in not considering the
petitioner's representation dt:12.3.2021 requesting for restoration of
his authorization for the F.P. Shop No.0820033 of Konanki Village,
Martur Mandal of Prakasam Dist., in view of cancellation of the 5th
respondent's temporary dealership vide proceedings dt.22.2.2021
issued by the 3rd respondent by following the procedure as per AP
State Targeted Public Distribution System (Control) Order, 2018 as
illegal, arbitrary and violative of principles of natural justice and
consequently set aside the said order and direct the respondents 4 to 6
to continue the petitioner as FP Shop dealer as usual and pass......."
2. Though the petitioner made several allegations against the
respondents, during hearing, Sri M.M.M.Srinivasa Rao, learned
counsel for the petitioner, requested this Court, without touching the
merits of the case, to issue a direction to respondent Nos.2 and 3 to
dispose of the representation submitted by the petitioner on
12.3.2021.
3. Learned Government Pleader for Civil Supplies appearing for
respondent Nos.1 to 4 readily agreed to dispose of the representation
of the petitioner, dated 12.3.2021, if any, pending with the
respondent authorities.
4. In view of the submission of the learned Government Pleader
for Civil Supplies, 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 12.3.2021, 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.2 and 3 to dispose of the representation submitted
by the petitioner on 12.3.2021, in accordance with law, within a
period of one month from today. There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, in this
Writ Petition shall stand closed.
__________________________________________
JUSTICE M. SATYANARAYANA MURTHY
Date: 25.3.2021
AMD
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.7037 OF 2021
Date: 25.3.2021
AMD
