Andhra Pradesh High Court - Amravati
Thotakura Atchaiah vs The State Of Andhra Pradesh on 21 September, 2022
HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.28460 of 2022
ORDER :
This petition is filed under Article 226 of the
Constitution of India for the following relief:-
"...to issue an appropriate Writ Order or Direction
more particularly one in the nature of Writ of Mandamus
declaring the inaction on the part of the respondents more
particularly 2nd respondent in considering the petitioners
representation dated 30.06.2022 and 05.07.2022 in
requesting the respondents to transfer the petitioner to Dr.
B.R.Ambedkar Gurukulam (G), Dinnadevarapdu of Kurnool
District falling under category-I for the post of Music teacher
as unjust arbitrary and violation the transfer guidelines and
violation of principles of Natural Justice and consequently
direct the respondents to consider petitioners representation
dated 30.06.022 and 05.07.2022 and to transfer the
petitioner to Dr. B.R.Ambedkar Gurukulam (G),
Dinnadevarapdu of Kurnool District falling under category-I
for the post of Music teacher in the interest of Justice and
pass such other order or orders......."
2. Though the petitioner made several allegations against
the respondents, during hearing, Mr. Venkatesh Kotamraju,
requested this Court, without touching the merits of the case, to
issue a direction to the respondent authority concerned to
dispose of the representation, dated 30.06.2022 & 05.07.2022
submitted by the petitioner.
3. Heard Mr. Venkatesh Kotamraju, learned counsel
appearing for the petitioner and learned Government Pleader for
Services-II and Mr. G. Simhadri, learned Standing Counsel
appearing for the respondents.
4. Learned Government Pleader appearing for the
respondents readily agreed to dispose of the representations of
the petitioner, dated 30.06.2022 & 05.07.2022, if any, pending
with the respondent authorities.
5. In view of the submission of the learned
Government Pleader, I need not decide the truth or otherwise of
the allegations made in the petition. This Court is conscious
that no such direction be issued, in view of the judgment of the
Apex Court in the case of The Government of India v.
P.Venkatesh1, wherein the Apex Court held that such orders
may make for a quick or easy disposal of cases in overburdened
adjudicatory institutions. But, they do no service to the cause of
justice. As the learned counsel for the petitioner himself
requested to issue a direction to the respondent authority
concerned to dispose of the representations, dated 30.06.2022
2019 (8) SCALE 544
& 05.07.2022, submitted by the petitioner, I find no other
alternative except to issue such direction.
6. In the result, the Writ Petition is disposed of,
directing the respondent authority concerned to dispose of the
representations submitted by the petitioner dated 30.06.2022 &
05.07.2022, in accordance with law, within a period of six (06)
weeks from today. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this Writ
Petition shall stand closed.
______________________________
DR. K. MANMADHA RAO, J.
Date : 21-09-2022
Gvl
HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.28460 OF 2022
Date : 21-09-2022
Gvl
