Order vs Unknown
2021 Latest Caselaw 4350 AP

       THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                         WRIT PETITION NO.26661 OF 2016
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 2nd respondent in not considering the representation dated 25.04.2016 made by the petitioner as illegal, arbitrary and violative of the principles of natural justice and contrary to the Article 14 of the Constitution of India and consequently direct the 2nd respondent to consider the representation dated 25.04.2016 made by the petitioner Society pending disposal of the above writ petition and pass such other order or orders."

2. Though the petitioner made several allegations against the

respondents, during hearing, Mr.A.S.C.Bose, learned counsel for the

petitioner limited his request to dispose of the representation dated

25.04.2016 made by the petitioner, without touching the merits of

the case.

3. Learned Assistant Government Pleader for

Revenue, appearing for respondents readily agreed to dispose of the

representation dated 25.04.2016 submitted by the petitioner, if any,

pending with the respondent-authorities.

4. Recording the submissions of the learned Assistant

Government Pleader for Revenue, 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.

2019 (8) SCALE 544

But, they do not serve to the cause of justice. As the learned counsel

for the petitioner himself requested to issue a direction to dispose of

the representation dated 25.04.2016 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 the 2nd

respondent to dispose of the representation dated 25.04.2016,

submitted by the petitioner and pass appropriate order in

accordance with law, within eight (8) weeks from the date of receipt

of copy of this order, if it is pending. No costs.

As a sequel miscellaneous application, pending, if any, shall

also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 27.10.2021

VSL

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.26661 OF 2016

Date: 27.10.2021

VSL