Dr. Shaik Parvaze vs The State Of Andhra Pradesh,
2022 Latest Caselaw 5490 AP

          THE HON'BLE DR. JUSTICE K. MANMADHA RAO

                   WRIT PETITION No.26655 OF 2022

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 Writ of mandamus declaring the action of the respondents in not considering the petitioner's case for posting the petitioner in and around Guntur Town where the petitioner's father is under going Chemo Therepy treatment after completion of the Cancer Surgery is wholly illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequently declare that the Petitioner is entitled to be posted in and around Guntur Town or any other nearer place where his father is undergoing cancer treatment and pass such other orders...."

2. Though the petitioner made several allegations against the

respondents, during the course of hearing learned counsel for the

petitioner requested this Court to issue a direction to the respondents

to dispose of the representation dated 10.06.2022 submitted by the

petitioner, without touching the merits of the case.

3. During hearing learned counsel for the Government Pleader for

Services-IV for the respondents would contend that the representation

dated 10.06.2022 placed on record, which alleged to have been

submitted to the respondents, contains no signature of the petitioner.

Therefore the said representation is not having legal sanctity and

same cannot be acceptable for consideration. Further it is contended

that if there is any proper representation is with the respondents,

they agreed to dispose of the same in accordance with law.

4. In view of the submission of learned Government Pleader

appearing for respondents, I need not decide the truth or otherwise of

the allegations made in the petition.

5. 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 held that such orders may be

passed for a quick or easy disposal of cases in overburdened

adjudicatory institutions but, they do not serve to the cause of justice.

As the learned counsel for the petitioner himself requested to issue a

direction to dispose of the representation submitted by the petitioner,

I find no other alternative except to issue such direction.

6. However, there is discrepancy in the representation of the

petitioner dated 10.06.2022 as contended by the learned Government

Pleader for the respondents, this Court granting liberty to the

petitioner to submit fresh representation to the respondents within 15

days from the date of receipt of a copy of this order; on such

submission, the respondents are directed to dispose of the same in

accordance with law, within four (04) weeks from the date of receipt of

a copy of this order. No costs.

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

also stand closed.

___________________________ DR.K. MANMADHA RAO, J

Date: 23.08.2022

KK

2019 (8) SCALE 544

THE HON'BLE DR. JUSTICE K. MANMADHA RAO

WRIT PETITION No.26655 OF 2022

Date: 23.08.2022

KK