Katkam Dewakar, v. The State Of Telangana, Rep. By Its Principal Secretary,

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.9337 OF 2016 ORDER:

Heard Sri Challa Siva Sankar, learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration appearing for the State, Sri N. Praveen Kumar, learned Standing Counsel for the third respondent Municipality, and Sri K. Venumadhav, learned counsel on caveat for the fourth respondent. The prayer of the petitioner in this case is as under: "For the reasons stated in the accompanying affidavit, the Petitioner herein prays that this Hon'ble Court may be pleased to issue a Writ Order, or direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the 1st respondent in not taking action against the 4th respondent as per report of the 3rd respondent which was forwarded by the 2nd respondent as per order in W.P.No.

38690 of 2015, dated 08-02-2016, and in spite of the petitioner representation dated 10-03-2016, is illegal, arbitrary, unjust, contrary to the Municipalities Act, violation of principles of natural justice and also in violation of Articles 14, 16 and 21 of the Constitution of India and consequently direct the 1st respondent to take action against the 4th respondent basing on the report of the 3rd respondent which was forwarded by the 2nd respondent dated 03-12-2015, which is mentioned in W.P.No.38690 of 2015, dated 08-02-2016, forthwith with all consequential benefits or otherwise the petitioner will suffer serious loss and great hardship and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

It appears that this Court had occasion to deal with this matter earlier in W.P.No.38690 of 2015. By order dated 08.02.2016, this Court disposed of the said writ petition leaving it open to the petitioner to pursue the issue before the State of Telangana or avail appropriate legal remedies in accordance with law. Thereupon, the petitioner made representation dated 10.03.2016 to the Principal Secretary to the

Government, Municipal Administration and Urban Development Department, State of Telangana. His complaint presently is that no action has been taken thereupon.

As the State is yet to apply its mind to the afore-stated representation and take a decision, this Court sees no purpose served in entertaining this writ petition for adjudication on merits. It is for the State to consider the representation made by the petitioner in accordance with law and in the event any action is warranted thereon, to initiate the same as per due procedure. In the course of this exercise, the State shall give due opportunity of hearing to the fourth respondent and to all other parties who may be affected by any decision taken upon the representation made by the petitioner and only thereafter proceed in the matter. This entire exercise shall be completed expeditiously and in any event, not later than eight 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 March, 2016 Note:- Issue CC in three days.

B/o IBL