Md.Masud Ali v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.21877 OF 2016 ORDER:

Heard the learned counsel appearing for both parties and with their consent, the present Writ Petition is disposed of at the admission stage.

Since this Court is not going into merits of the case, hearing the unofficial respondent may not be necessary. 2 . The present writ petition came to be filed with the following prayer:

"to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the Respondents 1 to 4 for not initiating action against the 5th respondent who is seriously trying to laying the Heavy Water Pipe line to his plant by excavating and demolishing the notified Wakf burial ground in Sy.No.459/4 to an extent of Ac 4.70 cents situated at Kondapally village, Ibrahimpatnam Mandal, Krishna District inspite of the representation submitted by the Petitioner dated 23.06.2016 and the representation made by the Inspector Auditor dated 23.6.2016 to the respondents is being illegal, arbitrary and unconstitutional and against the G.O.Ms.No.18 dated 13.10.2014 issued by the Government of A.P."

3. Though various grounds are raised in the writ petition, learned counsel for the petitioner mainly seeks a direction to consider the representation dated 23.06.2016 made by the petitioner questioning the inaction of respondents 1 to 4 in initiating action against the 5th respondent, who is seriously trying to lay Heavy Water Pipeline through his land by excavating and demolishing the notified wakf burial ground.

4. Though the learned Government Pleader for Social Welfare denied the allegations made, but, however submits that if such a

representation is still pending consideration, the same will be considered.

5. In similar circumstances, this Court passed an order in W.P.No.10633 of 2016 directing the authorities concerned to consider the representations made by the petitioner therein, in accordance with law after hearing the petitioner.

6. In view of the above, the Writ Petition is disposed of directing the respondent authorities to consider the representation dated 23.06.2016 made by the petitioner and take appropriate action, if warranted, in accordance with law. Further, the authorities shall give due notice and opportunity of hearing to all parties who would be affected adversely by any decision taken upon the petitioner's representation. It is to be noted that the said exercise shall be completed expeditiously and in any event, not later than eight (08) weeks from the date of receipt of a copy of this order.

Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs.

_______________________ JUSTICE C. PRAVEEN KUMAR Date:05.07.2016 Note: Furnish CC by tomorrow (B/O) INL