Andhra Pradesh High Court
WP/25669/2020 of Bodala Gayathri Vs The State of Andhra Pradesh, on 31 December 2020
SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.25669 OF 2020 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, to
THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.25669 OF 2020
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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, to declare the inaction on the part of respondents 2 to 7 on the petitioner’s representation dated 31.07.2020 submitted for initiating proceedings under Chapter-VIII and Section 107 of Code of Criminal Procedure, 1973 against the respondents 8 to 17 and their henchmen for their repeated illegal acts thereby causing breach of peace and disturbance to public tranquility, as illegal, irregular and amounts to non discharge of legal obligation conferred on respondents 2 to 7 under the provisions of the Code of Criminal Procedure, 193 and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents 2 to 7, particularly, respondents 4, 6 and 7 to initiate proceedings under Chapter-VIII and Section 107 of Code of Criminal Procedure, 1973 against respondents 8 to 17 and their henchmen and pass such other order or orders.”
2. Though the petitioner made several allegations against the respondents, during hearing, learned counsel for the petitioner Ms.Nimmagadda Revathi requested this Court without touching the merits of the case, to issue a direction to the respondents to dispose of the representation submitted by the petitioner dated 31.07.2020.
3. Learned Government Pleader for Home appearing for respondents readily agreed to dispose of the representation of the petitioner dated 31.07.2020, if any, pending with the respondents authorities.
4. In view of the submission of the learned Government Pleader for Forests, 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.Venkatesh[1], 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 dispose of the representation dated 31.07.2020 submitted by the petitioner, I find no other alternative except to issue such direction.
5. In the result, the writ petition is disposed of, directing the respondent to dispose of the representation submitted by the petitioner 31.07.2020, in accordance with law, within four (4) weeks from today. No costs.
The miscellaneous applications pending, if any, shall also stand closed.
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JUSTICE M. SATYANARAYANA MURTHY
Date:31.12.2020
IS
THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.25669 OF 2020
Date: 31-12-2020
IS