Atmakuru Chenchaiah vs The State Of Andhra Pradesh
2022 Latest Caselaw 8862 AP

        THE HON'BLE DR. JUSTICE K. MANMADHA RAO

                WRIT PETITION (AT) No.776 OF 2021

ORDER:

This Writ Petition is filed under Article 226 of the

Constitution of India, seeking the following relief:

".....to issue a Writ, to declare the inaction of the 1st respondent herein in disposing of an appeal dated 17.11.2016 sent by Registered Post on 18.11.2016 as being wholly illegal, arbitrary, unreasonable and violative of principles of natural justice and consequently direct the 1st respondent herein to consider appeal and dispose of the appeal dated 17.11.2016 sent by Registered Post on 18.11.2016 and pass such other orders...."

2. Heard Mr. T.V.S.Kumar, learned counsel for the petitioner

and learned Government Pleader for Services-II for the

respondents.

3. 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 Appeal filed by the petitioner dated

17.11.2016, which sent by Registered Post on 18.11.2016, without

touching the merits of the case.

4. Learned Government Pleader appearing for the respondents

and readily agreed to dispose of the Appeal filed by the petitioner

dated 17.11.2016, which sent by Registered Post on 18.11.2016, if

any pending with the respondent authorities.

5. 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.

6. 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 Appeal filed

by the petitioner dated 17.11.2016, which sent by Registered Post

on 18.11.2016, I find no other alternative except to issue such

direction.

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

respondent to dispose of the Appeal filed by the petitioner dated

17.11.2016, which sent by Registered Post on 18.11.2016, in

accordance with law, within eight (08) weeks from the date of

receipt of a copy of this order. No costs.

2019 (8) SCALE 544

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

also stand closed.

___________________________ DR.K. MANMADHA RAO, J

Date: 18.11.2022

HS/KK

THE HON'BLE DR. JUSTICE K. MANMADHA RAO

WRIT PETITION (AT) No.776 OF 2021

Date: 18.11.2022

KK