Muthuku Kotaiah, vs The State Of Andhra Pradesh.
2022 Latest Caselaw 158 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                     WRIT PETITION NO.24484 OF 2016

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 in the nature of Writ of Mandamus declaring the inaction of respondents particularly the respondent No.3 in not considering the petitioners representation dated 21.06.2016 and not granting permission to re-run the petitioner's Mee-seva center FN-41 situated at Ekambaram Building, Bapuji Colony, Kollamitta, Sullurpeta, SPSR Nellore Dist., A.P till this date as illegal, arbitrary and amounts to violation of Articles of the Constitution of India and against the principles of natural justice and consequently direct the respondents to grant permission to re- run the petitioner's Mee-Seva center FN-4I situated at Ekambaram Building, Bapuji Colony, Kollamitta, Sullurpeta, SPSR Nellore Dist., A.P and to pass such other order.."

2. Though the petitioner made several allegations against the

respondents, during hearing, M/s. Bethi Venkateswarlu, learned

counsel for the petitioner limited his request to dispose of

representation, dated 21.06.2016 pending before respondent

authorities, without touching the merits of the case.

3. Learned Government Pleader for Revenue appearing for

respondents readily agreed to dispose of the representation, dated

21.06.2016, if any, pending with the respondent-authorities.

4. Recording the submissions made by the learned 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. But, they do no

service to the cause of justice. As the learned counsel for the

2019 (8) SCALE 544

petitioner himself requested to issue a direction to dispose of the

representation, dated 21.06.2016 pending before respondent

authorities, I find no other alternative, except to issue such direction.

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

respondent No.3 to dispose of the representation, dated 21.06.2016

pending before him, in accordance with law, within eight (08) weeks

from the date of a receipt of copy of this order. There shall be no

order as to costs.

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

any, shall also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 17.01.2022 psr

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No.24484 OF 2016

Date: 17.01.2022

Psr.