Dismissed

Katikila Moshe v. The State Of Andhra Pradesh

Andhra Pradesh HC15 Sept 2022WP/29865/2022

Case brief

AI extract

What is this about?

In this order dismissing a writ petition filed under Article 226 regarding service regularization, the Court directed the respondent to dispose of a prior representation within four weeks after the petitioner submits a fresh representation within 15 days. The Court declined to decide on the merits of the allegations.

What did the court decide?

Directed the respondent to dispose of the representation dated 05.05.2021 and a fresh submission within four weeks of the fresh submission.

Katikila Moshe Vs The State Of Andhra Pradesh — Service and Employment | Andhra Pradesh HC (2022)

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THE HON’BLE DR. JUSTICE K. MANMADHA RAO

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WRIT PETITION No.29865 OF 2022

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ORDER :

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This Writ Petition is filed under Article 226 of the

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Constitution of India, seeking the following relief:

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“…..to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus declaring the action of the 2^nd respondent in not disposing the representation dated 05.05.2021 for service regularization as illegal, arbitrary and consequently direct the 2^nd respondent to dispose of the petitioner representation dated 05.05.2021 within outer time limit and pass such other orders....”

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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 2^nd respondent to dispose of the representation dated 05.05.2021 submitted by the petitioner, without touching the merits of the case.

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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.

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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.

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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.

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In the result, Writ Petition is disposed of, while directing the petitioner to submit fresh representation to the 2^nd respondent within 15 days from the date of receipt of a copy of this order; on such submission, directing the 2^nd respondent to dispose of representation dated 05.05.2021 along with fresh representation submitted by the petitioner within four (04) weeks thereafter. No costs.

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1 2019 (8) SCALE 544

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

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also stand closed.

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___________________________ DR.K. MANMADHA RAO, J

Date: 15.09.2022

THE HON’BLE DR. JUSTICE K. MANMADHA RAO

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WRIT PETITION No.29865 OF 2022

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Date: 15.09.2022

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Katikila Moshe v. The State Of Andhra Pradesh

Case brief

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Katikila Moshe v. The State Of Andhra Pradesh

Case brief

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