Vilas V. Afzulpurkar, J.

WP No. 23396 2014:

1. The Andhra Pradesh State Minorities Commission (for short 'the Commission') has moved the present writ petition seeking a mandamus as under:

"to issue a writ, order or direction and more particularly one in the nature of writ of "mandamus-declaring the action of respondent Nos. 2 and 3 in not allotting any Budget to the petitioner Commission, in not providing accommodation for the residence of the Chairman of the Commission, in not providing a full time Secretary to the Commission, in not providing any infrastructure for the functioning of the Commission, in not providing any paraphernalia for the functioning of the Commission, in not providing any facilities, which have been approved by the Government, such as Car, Telephone, Furniture, etc., for the petitioner Commission and the action of the 1" Respondent in not notifying the petitioner Commission for inclusion in the Xth Schedule of the A.P. State Reorganisation Act as being arbitrary, illegal and unconstitutional and consequently-

(a) direct respondent Nos. 2 and 3 to provide sufficient Budget and a full time Secretary to the Commission for the functioning of the Commission and other facilities, including the infrastructure, vehicle, furniture equipment, telephone, etc. and also pay salaries and emoluments to the Chairman, Members and other staff of the petitioner Commission, forthwith, so that the petitioner Commission can function as directed, pursuant to the Memo dated 15.5.2014;

(b) direct respondent No. 1 to issue Notification in pursuance of Section 75(2) of the A.P. State Reorganisation Act for including the petitioner Commission in the X Schedule of A.P. State Reorganisation Act; and

(c) pass such further or other orders as this Hon'ble Court deems fit and proper in the circumstances of the case."

Since the statutory Commission had moved the present writ petition and the complaint of the Commission being serious in nature, on 21.8.2014, learned Government Pleaders representing respondents 2 and 3 had taken notice and had sought time for getting instructions. Thereafter, the learned Special Government Pleaders on behalf of respondents 2 and 3 were heard initially on 2.9.2014 and both the Special Government Pleaders were required to get instructions with regard to the Budget proposals earmarked for the Commission and also indicate the amount each State would release to take care of the immediate needs of the Commission pending finalization of the Budget proposals. The writ petition was again heard on 9.9.2014 but as there was no progress reported, it was again posted to 12.9.2014 and was heard on 15.9.2014. While Mr. D. Prakash Reddy, learned Senior Counsel appeared for the petitioner, learned Special Government Pleader appeared for respondent No. 3 and learned Advocate General appeared for respondent No. 2.

2. Learned Senior Counsel for the petitioner Commission submits that the Commission is appointed under the A.P. State Minorities Commission Act, AP Act 31 of 1998 and the Commission reconstituted under Section 3, thereafter, was notified under G.O. Ms. No. 42 Minorities Welfare (IDM) Department dated 16.5.2013 for period of three years from the date of taking over of charge. Learned Senior Counsel submits that the Commission, accordingly, took charge on 25.5.2013. The affidavit filed the Commission, however, states in Paras 11 and 12 as follows, which is reproduced for the sake of convenience:

"11. I respectfully submit that after assuming the charge, the Commission brought it to the notice of the State Government of Andhra Pradesh and represented about providing amenities, staff Budget, salaries, accommodation, infrastructure from time to time, and written representations were also made to the State Government of Andhra Pradesh on 29.7.2013, 13.8.2013, 3.9.2014 narrating detailed facts and circumstances and requested to sanction the release of Budget, provide staff, infrastructure, accommodation etc. As of now there ar