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IN THE HIGH COURT OF KARNATAKA BENCH AT DHARWAD
S.R. Krishna Kumar, J.
Yallawwa Pavadappa Hullannavar - Appellant
Versus
State of Karnataka & Ors. - Respondents
Writ Petition No. 100478 of 2023 (GM-KEB)
Decided On : 25-01-2023
Fact of the Case:
The petitioner sought a writ or order in the nature of mandamus to direct the respondent authorities to consider her representation dated 18.01.2023, which had not been addressed by the authorities.Finding of the Court:
The court directed respondent No.4 to address the petitioner's grievances and consider her representation within fifteen days.Issues:
Failure of respondent authorities to consider the petitioner's representation.Ratio Decidendi:
The court emphasized the need for respondent No.4 to address the petitioner's grievances and consider her representation, thereby ensuring procedural fairness.Final Decision:
The petition was disposed of with directions for consideration of the petitioner's representation.JUDGMENT
S.R. Krishna Kumar, J. - In this writ petition, the petitioner has sought for the following reliefs:
'Issue a writ or order in the nature of mandamus directing the respondent authorities to consider the representation dated 18.01.2023 at Annexure-D.
Any other and further relief as this Hon'ble Court deems fit and just in the ends of justice.'
2. Heard learned counsel for the petitioner and learned HCGP for respondents No.1 and 2 and learned counsel for respondents No.3 to 5. Perused the material on record.
3. It is the grievance of the petitioner that her representation dated 18.01.2023 at Annexure-D submitted to the respondent authorities has not been considered so far by them nor any order has been passed on the same. Under these circumstances, the petitioner is before this Court by way of the present petition.
4. Per contra, learned counsel for the respondents submits that if reasonable time is given, they would consider and pass necessary order on the said representations.
5. In view of the aforesaid facts and circumstances and rival submissions, respondent No.4 is hereby directed to address the grievances of the petitioner and consider her representation dated
18. 01.2023 at Annexure-D and pass appropriate order in accordance with law, within a period of fifteen days from today.
With the aforesaid directions, the petition stands disposed off.
Mandamus can be issued to compel public authorities to perform their duties when there is a failure to do so.
The court affirmed that representations must be addressed within a reasonable timeframe as per enforcement of administrative duties.
Court orders timely consideration of the petitioner's representation without expressing opinion on merits.
A writ of mandamus directing a public authority to consider a pending representation within a specified timeframe is permissible without expressing any opinion on the merits of the underlying claim.
A writ of mandamus cannot be issued unless the petitioner has first approached the appropriate administrative authority to resolve their grievances.
Court mandates timely consideration of petitioner's representation for administrative relief.
The court mandates the consideration of police actions based on petitioner's representations, highlighting procedural accountability.
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