Citation : 2022 Latest Caselaw 7079 AP
Judgement Date : 15 September, 2022
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.29865 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 2nd respondent in not disposing the representation dated 05.05.2021 for service regularization as illegal, arbitrary and consequently direct the 2nd respondent to dispose of the petitioner representation dated 05.05.2021 within outer time limit 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 2nd
respondent to dispose of the representation dated 05.05.2021
submitted by the petitioner, without touching the merits of the
case.
3. Learned Government Pleader for Panchayat Raj and Rural
Development for the respondents readily agreed to dispose of the
representation dated 05.05.2021 submitted by the petitioner, if any
pending with the respondent authorities.
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 dated 05.05.2021submitted by the petitioner, I find
no other alternative except to issue such direction.
6. In the result, Writ Petition is disposed of, while directing the
petitioner to submit fresh representation to the 2nd respondent
within 15 days from the date of receipt of a copy of this order; on
such submission, directing the 2nd respondent to dispose of
representation dated 05.05.2021 along with fresh representation
submitted by the petitioner within four (04) weeks thereafter. No
costs.
2019 (8) SCALE 544
As a sequel, miscellaneous applications pending, if any, shall
also stand closed.
___________________________ DR.K. MANMADHA RAO, J
Date: 15.09.2022
KK
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.29865 OF 2022
Date: 15.09.2022
KK
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