Disposed

Shaik Murthuja Vali v. the State of Andhra Pradesh

Andhra Pradesh HC5 Sept 2022WP/20182/2022

Case brief

AI extract

What is this about?

This single-judge order in a writ petition directed the respondent authority to dispose of the petitioner's representations within eight weeks. The court avoided deciding substantive allegations to prevent quick but unfounded case disposals, in line with a Supreme Court precedent.

What did the court decide?

Direction to the respondent authority concerned to dispose of the petitioner's representations dated 05.11.2021 and 04.04.2022 within eight weeks from today.

Shaik Murthuja Vali Vs the State of Andhra Pradesh — RTI and Transparency | Andhra Pradesh HC (2022)

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HON’BLE DR. JUSTICE K. MANMADHA RAO

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WRIT PETITION No.20182 of 2022

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ORDER :

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This petition is filed under Article 226 of the

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Constitution of India for the following relief:-

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“ …to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the petitioners representations dated 05.11.2021, 04.04.2022 and letter forwarded by the Respondent No.2 to Respondent No.5 vide letter Dis.Rev-ASECOAGQ1(G098)2/2022-JA (A9)COLLKRNL, dated 07.03.2022 for providing employment under land displaced persons scheme as per G.O.Ms.No.98 dated 15.04.1986, as illegal, arbitrary and unconstitutional and pass such other order or orders … …. ”

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Though the petitioner made several allegations against the respondents, during hearing, Ms. T. Padmaja, learned counsel for the petitioner, requested this Court, without touching the merits of the case, to issue a direction to the respondent authority concerned to dispose of the representations, dated 05.11.2021 and 04.04.2022 submitted by the petitioner.

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Learned Government Pleader for Irrigation and Command Area Development Department appearing for the respondents readily agreed to dispose of the representations of

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the petitioner, dated 05.11.2021 and 04.04.2022, if any, pending with the respondent authorities.

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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 herself requested to issue a direction to the respondent authority concerned to dispose of the representations, dated 05.11.2021 and 04.04.2022, submitted by the petitioner, I find no other alternative except to issue such direction.

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In the result, the Writ Petition is disposed of, directing the respondent authority concerned to dispose of the representations submitted by the petitioner dated 05.11.2021 and 04.04.2022, in accordance with law, within a period of eight (08) weeks from today. There shall be no order as to costs.

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1 2019 (8) SCALE 544

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Miscellaneous petitions pending, if any, in this Writ

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Petition shall stand closed.

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______________________________ DR. K. MANMADHA RAO, J.

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Date : 05-09-2022 Gvl

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HON’BLE DR. JUSTICE K. MANMADHA RAO

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WRIT PETITION No.20182 OF 2022

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Date : 05-09-2022

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Gvl

Shaik Murthuja Vali v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Shaik Murthuja Vali v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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