Citation : 2021 Latest Caselaw 944 AP
Judgement Date : 18 February, 2021
HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
W.P. No.23027 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 inaction of the 2nd respondent in
considering the representation of the petitioner dated 04.04.2018 and the legal notice dated 05.05.2018, as illegal and arbitrary and consequently direct the 2nd respondent to consider the petitioner's representation dated 04.04.2018."
Though Sri Abdul Muqueeth Qureshi, 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 04.04.2018.
The learned Government Pleader for Municipalities appearing for
the respondents readily agreed to dispose of the representation of the
petitioner dated 04.04.2018, if any, pending with the respondent
authorities.
In view of the submission of the learned Government Pleader for
Municipalities, 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 representation dated
04.04.2018 submitted by the petitioner, I find no other alternative
except to issue such direction.
2019 (8) SCALE 544
2 MSM,J
WP_23027_2018
In the result, the writ petition is disposed of directing the
respondents to dispose of the representation submitted by the petitioner
on 04.04.2018, 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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