Koilkari Kishan v. The Assistant Divisional Engineer, Operation, A.P.

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE WRIT PETITION No. 1174 of 2010 ORDER:

Heard learned counsel for the petitioner. None appears for the respondents though served.

Learned counsel for the petitioner, at the outset, invited my attention to the order, dated 16.09.2014, passed in W.P.No.1528 of 2010 and submitted that the petitioner would be satisfied if the instant writ petition is also disposed of with direction to the respondents to consider his representation and pass appropriate orders within timeframe.

I have perused the order, dated 16.09.2014. That writ petition was also between the same parties and challenging the similar order. Concluding paragraph of the order reads thus: "In the circumstances, the first respondent is directed to consider the representation of the petitioner dated 22.12.2009 and pass appropriate final orders after considering the same within a period of three months from the date of receipt of a copy of this order. The amount paid by the petitioner shall abide by the final orders passed by the first respondent. It is needless to state that the petitioner can avail the remedies open to him in accordance with law against the order passed by the first respondent."

In the present case, the petitioner made representation on 22.12.2009 (P4), which is still pending consideration. Keeping that

in view, I dispose of this writ petition with the following directions: "The first respondent shall consider and decide the petitioner's representation, dated 22.12.2009 (P4) within a period of three months from the date of receipt of this order. The amount paid by the petitioner shall be subject to the final orders that will be passed by the first respondent. If the order passed on the representation is adverse to the petitioner, it is open to him to challenge the same in appropriate proceedings." Consequently, miscellaneous petitions, if any, also stand disposed of. There shall be no order as to costs. _________________________ DILIP B. BHOSALE, ACJ Dt:17.07.2015 kdl