K.Vijay Kumar, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.7832 of 2016 ORDER:

Heard Sri M. Venkateswara Rao, learned counsel for the petitioners, and Sri S.D. Gowd, learned Standing Counsel for the second respondent Municipal Corporation.

The prayer of the petitioners in this case is as under: "For the reasons stated in the accompanying affidavit, the petitioners herein prayed that this Hon'ble Court may be pleased to issue an appropriate Writ order, or direction more particularly in the nature of Writ of mandamus and declaring the action of the respondents 1 and 2 are highly illegal, arbitrary, contrary to law and clear violation of Articles 14, 21 Constitution of India and principles of natural Justice and consequently to direct the 2nd respondent consider the petitioners representation dated 03.03.2016 and pass such other and further orders as or deemed fit and proper in the circumstances of the case."

It appears that the petitioners made representation dated 03.03.2016 to the second respondent Municipal Corporation and the same is pending consideration.

As the representation dated 03.03.2016 made by the petitioners is yet to be acted upon, it is for the authority concerned to apply its mind to the said representation and take action thereon, if warranted, in accordance with the due procedure. In this exercise, the authority would necessarily have to give an opportunity of hearing to all the parties who would be affected by any decision taken upon the petitioners' representation. Adhering to this procedure, the second respondent Municipal Corporation shall duly consider the petitioners' representation dated 03.03.2016 and take appropriate action in the matter, if warranted, in accordance with law. This exercise shall be completed expeditiously and in any event, not later than four 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 11th March, 2016 IBL/PGS