Citation : 2021 Latest Caselaw 940 AP
Judgement Date : 18 February, 2021
HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
W.P. No.40544 of 2018
O R D E R:-
This writ petition is filed for the following substantive relief:
".....to issue a writ of mandamus declaring the action of the respondents in not
considering the representation of the petitioner dated 06.09.2018, as illegal and arbitrary and violative of principle of natural justice and consequently direct the respondents to consider the petitioner's representation dated 06.09.2018."
Though Sri Mohammed Ismail, learned counsel for the petitioner,
made several allegations against the respondents during the course of
hearing, he requested this Court, without touching the merits of the
case, to issue a direction to the respondents to dispose of the
representation submitted by the petitioner on 06.09.2018.
The learned Government Pleader for Municipal Administration
appearing for respondents 1 and 3 readily agreed to dispose of the
representation of the petitioner dated 06.09.2018, if any, pending with
the respondent authorities.
In view of the submission of the learned Government Pleader for
Municipal Administration, I need not decide the truth or otherwise of the
allegations made in the petition. This Court is conscious that no such
direction can be issued in view of the judgment of the Apex Court in the
case of 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 service
to the cause of justice. As the learned counsel for the petitioner himself
requested to issue a direction to dispose of the representations dated
06.09.2018 submitted by the petitioner, I find no other alternative
except to issue such direction.
2019 (8) SCALE 544
2 MSM,J
WP_40544_2018
In the result, the writ petition is disposed of directing the
respondents to dispose of the representation submitted by the petitioner
on 06.09.2018, in accordance with law, within a period of one month
from today. No order as to costs.
As a sequel, Miscellaneous Petitions, if any pending, shall stand
disposed of as infructuous.
__________________________ M. SATYANARAYANA MURTHY, J 18.02.2021
bcj
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