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2020 DIGILAW 587 (AP)

S. Seshagiri Rao v. State Of Andhra Pradesh

2020-09-08

M.SATYANARAYANA MURTHY

body2020
JUDGMENT M. Satyanarayana Murthy, J. - This 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, declaring the inaction on the part of respondents 2 to 5 herein in giving effect to the mandatory precaution laid down in Section 17 of the SC/ST (POA) Act, 1989 read with Amended Act, 2015 and in not giving effect to the representations of the petitioner dated 29.02.2020 and 03.03.2020 addressed to the respondents herein as being opposed to Articles 17 and 21 of the Constitution of India and consequently direct the respondents to take preventive action as contemplated under the provisions of the SC/ST (POA) Act, 1989 and the rules framed thereunder and pass such other order." 2. Though the petitioners made several allegations against the respondents, during the course of hearing learned counsel for the petitioners requested this Court without touching the merits of the case, to issue a direction to the respondents to dispose of the representations dated 29.02.2020 and 03.03.2020 submitted by the petitioners. 3. Learned Government Pleader for Home appearing for respondents readily agreed to dispose of the representations dated 29.02.2020 and 03.03.2020 submitted by the petitioners, if any pending with the respondent authorities. 4. In view of the submission of Government Pleader for Home appearing for respondents, I need not decide the truth or otherwise of the allegations made in the petition. 5. 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.Venkatesh, (2019) 8 Scale 544 , 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 not serve to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to dispose of the representations dated 29.02.2020 and 03.03.2020 submitted by the petitioners, I find no other alternative except to issue such direction. 6. In the result, Writ Petition is disposed of , directing the respondent authorities to dispose of representations dated 29.02.2020 and 03.03.2020 submitted by the petitioners, in accordance with law, within two (02) weeks from today. No costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed.