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Y.Abdul Rahiman vs The State Of Andhra Pradesh
2021 Latest Caselaw 940 AP

Citation : 2021 Latest Caselaw 940 AP
Judgement Date : 18 February, 2021

Andhra Pradesh High Court - Amravati
Y.Abdul Rahiman vs The State Of Andhra Pradesh on 18 February, 2021
Bench: M.Satyanarayana Murthy
             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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