Back
IN THE HIGH COURT OF KARNATAKA BENCH AT DHARWAD
S.R. Krishna Kumar, J.
Muttappa & Ors. - Appellants
Versus
Commissioner Directorate Of Sugar Cane Development And Sugar, Karnataka Housing Board Building, 5th Floor, F Block, Cbab Complex, Cauveri Bhavan, K G Road, Bengaluru 09 & Ors. - Respondents
Writ Petition No. 105753 of 2022 (GM-RES)
Decided On : 10-01-2023
Fact of the Case:
The petitioners sought writs in the nature of mandamus directing the respondents to consider their representations dated 30.10.2022, 01.11.2022, and 07.11.2022, as they had not been considered or addressed by the respondents.Finding of the Court:
The court directed the respondents to address the grievances of the petitioners and consider their representations within a period of one month.Issues:
Non-consideration of representations by the respondents.Ratio Decidendi:
The court's decision was based on ensuring that the grievances of the petitioners were addressed and their representations considered by the respondents.Final Decision:
The court disposed off the petition with directions for consideration of the petitioners' representations by the respondents within one month.JUDGMENT
S.R. Krishna Kumar, J. - In this writ petition, the petitioner has sought for the following reliefs:
(i) Issue writ in the nature of mandamus directing the respondent No.1 to consider representation dated 30.10.2022 insofar as petitioners are concerned (Annexure-A).
(ii) Issue writ in the nature of mandamus directing the respondent no.2 and 3 to consider representation dated 1.11.2022 (Annexure-B) and representation dated 7.11.2022 (Annexure-C) and respondent no.3 to consider representation dated 7.11.2022 (Annexure-D) insofar as petitioners are concerned.
2. Heard learned counsel for the petitioners and learned HCGP for the respondents. Perused the material on record.
3. It is the grievance of the petitioners that their representations dated 30.10.2022, 01.11.2022 and 07.11.2022 at Annexures- A, B and C respectively, submitted to the respondents have not been considered so far by them nor any order has been passed on the same. Under these circumstances, the petitioners are before this Court by way of the present petition.
4. Per contra, learned HCGP 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, the respondents are hereby directed to address the grievances of the petitioners and consider their representations dated 30.10.2022, 01.11.2022 and 07.11.2022 at Annexures-A, B and C respectively and take appropriate decision/pass appropriate orders in accordance with law, within a period of one month 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.
The court mandates the consideration of police actions based on petitioner's representations, highlighting procedural accountability.
Court mandates timely consideration of petitioner's representation for administrative relief.
A writ of mandamus cannot be issued unless the petitioner has first approached the appropriate administrative authority to resolve their grievances.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
