Telangana High Court
WP/24488/2004 of Midima Ch. Gurppadu, Vs The Chief of Army Staff, on 29 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 24488 of 2004 Between: Midima Ch. Gurappadu, S/o. Guruvaiah, R/o. Vardhanapally
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE K.C. BHANU
WRIT PETITION NO : 24488 of 2004
Between:
Midima Ch. Gurappadu, S/o. Guruvaiah, R/o. Vardhanapally Village, Chintalapalli Post, Komarole Mandal, Prakasam District.
AND
..... PETITIONER
The Chief of Army Staff, Army Head Quarters, DHQ PO, New Delhi-11.
.....RESPONDENT
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toIssue a writ, order or direction more particularly one in the nature of writ ofMandamus directing the respondent herein to dispose of the appeal dt. 23.9.2004filed against the order of dismissal, dt. 31.8.2004 by declaring the inaction as illegal,arbitrary and violative of rights guaranteed under Article 21 of the constitution ofIndia.
Counsel for the Petitioner:MR.V.MALLIK
Counsel for the Respondent : MR.ARAJASHEKAR REDDY (SC FORCENTRAL GOVERNMENT)
The Court at the stage of admission, made the following :
THE HON'BLE MR JUSTICE K.C. BHANU
WRIT PETITION NO : 24488 of 2004
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ORDER:
This writ petition is filed by the petitioner to issue a writ of mandamusdirecting the respondent herein to dispose of the appeal dated23.9.2004 filed against the order of dismissal dated 31.8.2004declaring the same as illegal and arbitrary.
Heard learned counsel for the petitioner and also the learnedStanding Counsel for the Central Government.
As seen from the averments in the affidavit, the petitioner filed anappeal dated 23.9.2004 against the order of dismissal passed by therespondent. Since the petitioner has already filed an appeal, appropriate decision has to be taken by the respondent, inaccordance with law.
Therefore, the writ petition is disposed of with a direction to therespondent to dispose of the appeal filed by the petitioner dated23.9.2004 in accordance with law, within a period of eight weeks fromthe date of receipt of a copy of this order.
___________
29.12.2004
bsv
To
The Chief of Army Staff, Army Head Quarters, DHQ PO, New Delhi-11.
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