Citation : 2022 Latest Caselaw 7805 AP
Judgement Date : 13 October, 2022
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.33419 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 releasing family pension and other retiral benefits to the petitioner as illegal, arbitrary, violation of principles of natural justice and violation of Articles 14, 16 and 21 of the Constitution of India and consequently direct the Respondents to release all retiral benefits including family pension with interest as the same was kept pending by the authorities arbitrarily and pass such other orders...."
2. Heard Mr. C. Srinivasa Baba, learned counsel for the
petitioner and learned Government Pleader for Services-I 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 3rd
respondent to dispose of the letter addressed by the Tahsildar,
Chatrai Mandal dated 28.01.2022 without touching the merits of
the case.
4. Learned Government Pleader appearing for the respondents
and readily agreed to dispose of the letter addressed by the
Tahsildar, Chatrai Mandal to the 3rd respondent dated 28.01.2022,
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 letter
addressed by the Tahsildar, Chatrai Mandal to the 3rd respondent
dated 28.01.2022, I find no other alternative except to issue such
direction.
7. In the result, Writ Petition is disposed of, directing the 3rd
respondent to dispose of the letter addressed by the Tahsildar,
Chatrai Mandal dated 28.01.2022, in accordance with law, within
2019 (8) SCALE 544
eight (08) 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: 13.10.2022
KK
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.33419 OF 2022
Date: 13.10.2022
KK
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