K. Rajeshwar Reddy , S/O. K.Bhooma Reddy, v. The State Of Telangana,
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON'BLE SRI JUSTICE SANJAY KUMAR PUBLIC INTEREST LITIGATION NO. 97 OF 2015 DATED:13.04.2015 Between:
K.Rajeshwar Reddy.
...Petitioner.
And The State of Telangana, Youth Advancement, Tourism & Culture Department, Hyderabad, represented by its Managing Director and others. ... Respondents.
THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON'BLE SRI JUSTICE SANJAY KUMAR PUBLIC INTEREST LITIGATION NO.97 OF 2015 ORDER: (per the Hon'ble The Chief Justice Sri Kalyan Jyoti Sengupta) This writ petition has been filed aggrieved by the action of the
1st respondent in not considering and disposing of the representation made by the writ petitioner in connection with the alleged illegality of granting land of erstwhile Gandhi Medical College to the 2nd respondent. According to us, there is no law under which any representation or every representation has to be considered. When it is found that the Officer or Authority concerned is enjoined with an obligation under the statute to consider and dispose of, and if this duty is not performed, a writ of mandamus can be issued against the officer concerned. Nothing has been shown before us under what provision of law this sort of representation is not considered. For example, if any First Information Report is registered under Section 154 of the Code of Criminal Procedure, 1973, obviously, it is the duty of the police officer to take action, and if action is not taken, the same can be complained to the Court of law, and then it is a fit case to direct the police to discharge their duty. This sort of commission is not found in this case.
On this ground alone, we dismiss the writ petition. Pending miscellaneous petitions, if any, shall stand closed. There will be no order as to costs.
_______________ K.J. SENGUPTA, CJ _______________ SANJAY KUMAR, J 13.04.2015 GJ