Order vs Unknown

Citation : 2021 Latest Caselaw 4350 AP
Judgement Date : 27 October, 2021

Andhra Pradesh High Court - Amravati
Order vs Unknown on 27 October, 2021
       THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                         WRIT PETITION NO.26661 OF 2016
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, declaring the action of the 2nd respondent in not considering the representation dated 25.04.2016 made by the petitioner as illegal, arbitrary and violative of the principles of natural justice and contrary to the Article 14 of the Constitution of India and consequently direct the 2nd respondent to consider the representation dated 25.04.2016 made by the petitioner Society pending disposal of the above writ petition and pass such other order or orders."

2. Though the petitioner made several allegations against the respondents, during hearing, Mr.A.S.C.Bose, learned counsel for the petitioner limited his request to dispose of the representation dated 25.04.2016 made by the petitioner, without touching the merits of the case.

3. Learned Assistant Government Pleader for Revenue, appearing for respondents readily agreed to dispose of the representation dated 25.04.2016 submitted by the petitioner, if any, pending with the respondent-authorities.

4. Recording the submissions of the learned Assistant Government Pleader for Revenue, 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 Government of 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. 1 2019 (8) SCALE 544 2 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 25.04.2016 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 2nd respondent to dispose of the representation dated 25.04.2016, submitted by the petitioner and pass appropriate order in accordance with law, within eight (8) weeks from the date of receipt of copy of this order, if it is pending. No costs.

As a sequel miscellaneous application, pending, if any, shall also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 27.10.2021 VSL 3 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.26661 OF 2016 Date: 27.10.2021 VSL