Order vs Counsel For 2Nd
2023 Latest Caselaw 3613 AP

          THE HON'BLE DR. JUSTICE K. MANMADHA RAO

                  WRIT PETITION No.14503 OF 2023

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 inaction of the respondents in not considering the representation dated 31.04.2023 and initiating action against the illegal constructions made by the respondent No.3 as illegal and ultra vires to the provisions of Articles 14, 21 and 300-A of the Constitution of India besides being in violation of the Doctrine of principles of natural justice and violative of the provisions of the Capital Region Development Authority Act, 2014 and the Rules framed thereunder consequently direct the 2nd respondent to initiative action against the illegal constructions raised by the respondent in Door No.8-112, Raithupeta, Old Current Office Street, Opp: Bommarillu Apartments, Nadigama, NTR District and pass such other orders...."

2. Heard Mr. Karumanchi Indraneel Babu, learned counsel for

the petitioner and Mr. M. Manohar Reddy, learned Standing

Counsel for 2nd respondent.

3. Though the petitioner made several allegations against the

respondents, during the course of hearing learned counsel for the

petitioner requested this Court to issue a direction to the 2nd

respondent to dispose of the representation dated 31.04.2023

submitted by the petitioner, without touching the merits of the

case.

4. In view of the submission of learned Standing Counsel for

the 2nd respondent, I need not decide the truth or otherwise of the

allegations made in the petition.

5. 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 be passed for a quick or easy disposal of cases in

overburdened adjudicatory institutions 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 31.04.2023 submitted by the petitioner, I find

no other alternative except to issue such direction.

6. In the result, Writ Petition is disposed of, directing the 2nd

respondent to dispose of representation dated 31.04.2023

submitted by the petitioner, in accordance with law, within six (06)

weeks from the date of receipt of a copy of this order, after

affording equal opportunity for hearing to the petitioner and 3rd

respondent. No costs.

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

also stand closed.

___________________________ DR.K. MANMADHA RAO, J Date: 21.07.2023

KK

2019 (8) SCALE 544

THE HON'BLE DR. JUSTICE K. MANMADHA RAO

WRIT PETITION No.14503 OF 2023

Date: 21.07.2023

KK