THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.4869 OF 2021
ORDER:-
This writ petition is filed under Article 226 of the
Constitution of India seeking the following relief:
"......pleased to issue an appropriate writ, order or direction
more particularly one in the nature of MANDAMUS directing the
respondent numbers 1 and 2 not to appoint the 3rd respondent as
Mutawalli for the Waqf Institution Jamia Masjid, Shikamvari Street, Nellore Town and District published in the A.P.Gazette dated 2.5.1963 at serial No.206 in pursuance of the order in Writ Petition No.12466 of 2020 dated 29.7.2020 obtained by 3rd respondent by misrepresentation and pass....."
2. Though the petitioner made several allegations against the respondents, during hearing, Sri M.Mehdi Hussain, learned counsel for the petitioner, requested this Court, without touching the merits of the case, to issue a direction to respondent Nos.1 and 2 to dispose of the representation submitted by the petitioner on 23.1.2021.
3. Learned Government Pleader for Minorities Welfare appearing for respondent No.1 and Sri Karimulla, learned Standing Counsel for A.P. State Waqf Board appearing for respondent No.2, agreed to dispose of the representation of the petitioner, dated 23.1.2021, if any, pending with the respondent authorities.
4. In view of the submission of the learned Government Pleader and the learned Standing Counsel, 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 2 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 himself requested to issue a direction to dispose of the representation, dated 23.1.2021, 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 respondent Nos.1 and 2 to dispose of the representation submitted by the petitioner on 23.1.2021, in accordance with law, within a period of one month from today. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.
_________________________________________ JUSTICE M.SATYANARAYANA MURTHY Date : 1.3.2021 AMD 1 2019 (8) SCALE 544 3 33 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION No.4869 OF 2021 Date : 1.3.2021 AMD