M/S. Coromandel Cartons And ... vs The State Of Andhra Pradesh,
2022 Latest Caselaw 986 AP

    THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

                         WRIT PETITION NO.4678 OF 2022

ORDER:

This 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 a Writ of Mandamus declaring the action of the Respondents herein more particularly Respondent No.2 herein in not considering the representation made by the Petitioner dated 03.12.2021 for laying a 60 feet road proposed to be constructed/laid on the middle part of Plot No.17 situated in Sy. No. 335/5P of Madhurawada Village, Visakhapatnam District as being illegal, arbitrary, unjust, violative of the provisions of the Andhra Pradesh Metropolitan Region Development Authority Act, 2019 and violative of Articles 14, 21 and 300-A of the Constitution of India and Consequently direct the Respondent No.2 herein to consider the representation made by the Petitioner herein on 03.12.2021.."

2. Though the petitioner made several allegations against the

respondents, during hearing, Sri N.Ashwini Kumar, learned counsel

for petitioner limited his request to dispose of representation, dated

03.12.2021 pending before respondent authorities, without touching

the merits of the case.

3. Learned Government Pleader for Municipalities appearing for

respondents readily agreed to dispose of the representation, dated

03.12.2021, if any, pending with the respondent-authorities.

4. Recording the submissions made by 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 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

2019 (8) SCALE 544 cases in overburdened adjudicatory institutions. But, they do not

serve to the cause of justice. However, upon considering the

averments made in the Writ Petition and on hearing the arguments of

the learned counsel for the petitioner, this court find no other

alternative remedy except to issue a direction to dispose of the

representation, dated 03.12.2021 pending before respondent

authorities.

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

respondents to dispose of the representation, dated 03.12.2021

pending before him, in accordance with law, within

a period of six (06) weeks from the date of a receipt of copy of this

order. No costs.

6. As a sequel thereto, miscellaneous applications, if any pending

shall stand closed.

________________________________________ JUSTICE T. RAJASEKHAR RAO

Date: 17.02.2022 Psr

THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

(Disposed of)

WRIT PETITION NO.4678 OF 2022

Date: 23.02.2022

Psr