D Hamsaveni vs The Commissioner
2022 Latest Caselaw 3408 AP

          THE HON'BLE DR. JUSTICE K. MANMADHA RAO

                   WRIT PETITION No.24876 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 Writ of mandamus declaring the action of the 1st respondent for not considering the petitioner's representation dated 23.07.2021 to provide FTE Code requested by the 2nd respondent vide Roc.No.D1/1854/2016, dated 13.12.2017 is illegal, arbitrary and unconstitutional and consequently direct the 1 st respondent to consider and dispose of the petitioner's representation dated 23.07.2021 for providing FTE Code to the petitioner 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 1st

respondent to dispose of the representation dated 23.07.2021

submitted by the petitioner, without touching the merits of the case.

3. Learned counsel for the Government Pleader for Services-IV

readily agreed to dispose of the representation dated 23.07.2021

submitted by the petitioner, if any pending with the respondent

authorities.

4. In view of the submission of learned counsel 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 dated 23.07.2021submitted

by the petitioner, I find no other alternative except to issue such

direction.

6. In the result, Writ Petition is disposed of, directing the 1st

respondent to dispose of representation dated 23.07.2021 submitted

by the petitioner, in accordance with law, within six (06) 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: 04.07.2022

KK

2019 (8) SCALE 544

THE HON'BLE DR. JUSTICE K. MANMADHA RAO

WRIT PETITION No.24876 OF 2021

Date: 04.07.2022

KK