Citation : 2021 Latest Caselaw 98 AP
Judgement Date : 7 January, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.415 OF 2021
ORDER:
This writ petition is filed under Article 226 of the Constitution
of India seeking the following relief:
"to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.4 and 5 in not considering the petitioner representation dated 17.12.2020 and to take action against the respondent No.6 for constructing building without following fire safety norms and procedure as per law is bad, illegal, arbitrary, discriminatory, contrary and violation of principle of natural justice."
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
of the petitioner dated 17.12.2020.
Learned Government Pleader for Home readily agreed to
dispose of the representation of the petitioner dated 17.12.2020, if
any pending with the authorities.
In view of the submission of the learned Government Pleader
for Home, 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 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
17.12.2020, I find no other alternative except to issue such direction.
2019 (8) SCALE 544 MSM,J WP_415_2021
In the result, the writ petition is disposed of, directing
respondent Nos.4 and 5 to dispose of the representation of the
petitioner dated 17.12.2020, 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 07.01.2021 Ksp
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