The Mallimadugu Fishermen Coop. ... vs The State Of Andhra Pradesh
2021 Latest Caselaw 1822 AP

       THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                         WRIT PETITION NO.7919 OF 2021
ORDER:

This writ petition is filed under Article 226 of the Constitution

of India seeking the following relief:

"to issue an appropriate Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the Respondent Nos.2 to 4 herein in not passing the orders on the representation of the Petitioner/ Society dated 15.03.2021, 18.03.2021 and 24.03.2021 followed by the resolution dated 04.01.2021 as illegal, arbitrary and unconstitutional and contrary to Section 15-A of A.P.Coop Societies Act, 1964 and consequently direct the Respondent Nos.2 to 5 herein to examine the proposal sent by the Petitioner/Society and dispose of the representation dated 15.03.2021, 18.03.2021 and 24.03.2021 followed by the resolution dated 04.01.2021."

Though the petitioner-Society made several allegations against

the respondents, during hearing, learned counsel for the petitioner

requested this Court, without touching the merits of the case, to

issue a direction to the respondents to dispose of the representations

of the petitioner-Society dated 15.03.2021, 18.03.2021 and

24.03.2021.

Learned Government Pleader for Animal Husbandry readily

agreed to dispose of the representations of the petitioner-Society

dated 15.03.2021, 18.03.2021 and 24.03.2021, if any pending with

the authorities.

In view of the submission of the learned Government Pleader

for Animal Husbandry, 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. But, they do no

2019 (8) SCALE 544 MSM,J WP_7919_2021

service to the cause of justice. As the learned counsel for the

petitioner himself requested to issue a direction to dispose of the

representations of the petitioner-Society dated 15.03.2021,

18.03.2021 and 24.03.2021, I find no other alternative except to

issue such direction.

In the result, the writ petition is disposed of, directing the

respondents to dispose of the representations of the petitioner-

Society dated 15.03.2021, 18.03.2021 and 24.03.2021, in

accordance with law, within four (4) weeks from today. No costs.

The miscellaneous petitions pending, if any, shall also stand

closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY 15.04.2021 Ksp