Miss Sogra Begum vs The State Of A.P.
2021 Latest Caselaw 1221 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                   WRIT PETITION No.4869 OF 2021

ORDER:-

         This   writ    petition   is   filed   under    Article   226   of   the

Constitution of India seeking the following relief:

           "......pleased to issue an appropriate writ, order or direction
     more particularly one in the nature of MANDAMUS directing the
     respondent numbers 1 and 2 not to appoint the 3rd respondent as

Mutawalli for the Waqf Institution Jamia Masjid, Shikamvari Street, Nellore Town and District published in the A.P.Gazette dated 2.5.1963 at serial No.206 in pursuance of the order in Writ Petition No.12466 of 2020 dated 29.7.2020 obtained by 3rd respondent by misrepresentation and pass....."

2. Though the petitioner made several allegations against the

respondents, during hearing, Sri M.Mehdi Hussain, learned

counsel for the petitioner, requested this Court, without touching

the merits of the case, to issue a direction to respondent Nos.1 and

2 to dispose of the representation submitted by the petitioner on

23.1.2021.

3. Learned Government Pleader for Minorities Welfare

appearing for respondent No.1 and Sri Karimulla, learned Standing

Counsel for A.P. State Waqf Board appearing for respondent No.2,

agreed to dispose of the representation of the petitioner, dated

23.1.2021, if any, pending with the respondent authorities.

4. In view of the submission of the learned Government Pleader

and the learned Standing Counsel, 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 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 23.1.2021, submitted by the petitioner, I find

no other alternative except to issue such direction.

5. In the result, the Writ Petition is disposed of, directing

respondent Nos.1 and 2 to dispose of the representation submitted

by the petitioner on 23.1.2021, in accordance with law, within a

period of one month from today. There shall be no order as to

costs.

Miscellaneous petitions pending, if any, in this Writ Petition

shall stand closed.

_________________________________________ JUSTICE M.SATYANARAYANA MURTHY Date : 1.3.2021 AMD

2019 (8) SCALE 544

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No.4869 OF 2021

Date : 1.3.2021

AMD