Balaga Venkata Ramana vs The State Of Andhra Pradseh
2021 Latest Caselaw 3174 AP

       THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                         WRIT PETITION NO.17651 OF 2021

ORDER:

This writ petition is filed under Article 226 of the Constitution

of India seeking the following relief:

"to issue Writ of Mandamus declaring the action of the 2nd respondent in allowing the reconstitution deed of partnership executed between the respondents 3 and 4 on 1st day of April 2019 in the absence of the petitioner ignoring the Original Partnership Deed dated 26.08.2016 made and executed between the petitioner and the respondents 3 and 4 without notice opportunity of being heard as illegal arbitrary without jurisdiction and contrary to the Section 33 of the Partnership Act 1932 and consequently to set- aside the reconstitution deed of partnership executed between the respondents 3 and 4 on 1st day of April 2019 and pass."

Though the petitioner 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 representation

dated 24.05.2021.

Learned Assistant Government Pleader for Revenue readily

agreed to dispose of the representation of this petitioner dated

24.05.2021, if any pending with the authorities.

In view of the submission 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. But, they do no

2019 (8) SCALE 544

MSM,J

WP_17651_2021

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

petitioner himself requested to issue a direction to dispose of the

representation of the petitioner dated 24.05.2021, 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 representation dated 24.05.2021

within four (04) weeks from today. No costs.

Consequently, miscellaneous applications pending, if any,

shall also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date:25.08.2021 SP