M/S Sri Seetharamanjaneya Gas Company, v. The State Of Andhra Pradesh, Rep.By Its Principal Secretary,
THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.10671 of 2016 ORDER:
Heard Sri K.V.L. Narasimha Rao, learned counsel for the petitioner, and Sri Ancha Pandu Ranga Rao, learned Standing Counsel for the Rajahmundry Municipal Corporation.
The prayer of the petitioner in this case is as under: "For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the action of the 2nd respondent in not disposing the petitioner's representation dated 10-03-2016, by following the orders passed by this Hon'ble Court in WP.No.4205 of 2016, dated 10-02-2016, as illegal, arbitrary, contrary to law and violation of principles of natural justice consequently direct the 2nd respondent to dispose of the petitioner's representation dated 10-03-2016, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."
The petitioner's representation dated 10.03.2016 is still awaiting consideration before the municipal authorities.
In the light of the order proposed to be passed by this Court, there is no necessity to put the third respondent on notice as this Court does not propose to adjudicate any issue on merits.
As the petitioner's representation dated 10.03.2016 is yet to be considered by the municipal authorities who necessarily have to apply their mind and take appropriate
action thereon, if warranted, this Court sees no purpose in entertaining this writ petition for adjudication on merits at this stage. It is for the municipal authorities to consider the said representation in accordance with law, give notice and due opportunity of hearing to all persons who would be affected by any decision taken upon the petitioner's representation dated 10.03.2016 and thereafter take appropriate action.
This exercise shall be completed expeditiously and in any event, not later than two weeks from the date of receipt of a copy of this order. The writ petition is disposed of with the above directions. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.
____________________ JUSTICE SANJAY KUMAR 22nd April, 2016 Note:- Issue CC by 25.04.2016.
B/o PGS/IBL