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2022 Supreme(Telangana) 559

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA, J.
K. Narasimhulu - Petitioner
Versus
The Union Of India and 7 Others - Respondents
W.P. No. 20743 of 2013
Decided On : 10-10-2022

Advocates Appeared:
For the Petitioner: Rapolu Bhaskar.

The court emphasized the duty of the concerned authorities to consider the petitioner’s representations in the interest of justice, without delving into the merits of the case.

Headnote:

Writ Petition - Mandamus - Article 14 & 16 of Constitution of India - [No specific act section referenced]

Fact of the Case:

The petitioner filed a writ petition seeking a Writ of Mandamus to declare the inaction of Respondents 3 to 7 on the petitioner’s representations as illegal and arbitrary. The petitioner alleged that the 8th respondent fraudulently secured a job at the Ordinance Factory, denying the petitioner's entitlement under L.D.P. quota and claiming to be physically handicapped.

Finding of the Court:

The court directed Respondents 5 and 6 to examine and consider the petitioner’s representations within four weeks, without delving into the merits of the case.

Issues: Inaction of Respondents 3 to 7 on the petitioner’s representations, fraudulent job acquisition by the 8th respondent, and denial of the petitioner's entitlement under L.D.P. quota.

Ratio Decidendi: The court opined that Respondents 5 and 6 are duty bound to examine and consider the petitioner’s representations in the interest of justice, without delving into the merits of the case.

Final Decision: The Writ Petition is disposed of directing Respondents 5 and 6 to examine and consider the petitioner’s representations within four weeks, without delving into the merits of the case. No costs were awarded, and pending miscellaneous petitions were dismissed.

ORDER :

1. Heard learned counsel for the petitioner, learned counsel for respondents.

2. This writ petition is filed to issue a Writ of Mandamus declaring the inaction of Respondents 3 to 7 on the petitioner’s representations dt.10.6.2013 and 24.6.2013 are illegal, arbitrary and violation of principles of natural justice and violative of Article 14 & 16 of Constitution of India and consequentially direct all the respondents to take immediate action on the representations made by the petitioner, dated 10.6.2013 and 24.06.2013.

3. PERUSED THE RECORD.

4. The main grievance of the Petitioner as per Petitioner’s representation dated 10.06.2013 addressed to the General Manager, Yeddumylaram, Medak District, is that one Nakkabudda Narsimhulu, R/o Kysalaram Village i.e. the 8th respondent, fraudulently joined in job in the Ordinance Factory on securing Petitioner’s interview letter and cheated the Petitioner and the Ordinance Factory. The Petitioner also pointed out through the said representation dated 10.06.2013 that the Petitioner is eligible for employment under L.D.P. quota and further that he is physically handicapped and had been suffering a lot both mentally and financially for being denied his lawful entitlement by the 8th Respondent fraudulently.

5. The main grievance of the Petitioner as per Petitioner’s representation dated 24.06.2013 addressed to the District Collector, Medak at Sangareddy is that the 8th Respondent fraudulently secured Petitioner’s job and indulged in cheating and that even though the then DRO through a clear endorsement on Petitioner’s representation dated 10.06.2013 ordered the Ordinance Factory General Manager, Yeddumylaram to enquire into the fraud committed by the 8th Respondent and submit a report within seven days, yet no action had been initiated by the said concerned Authority till as on date. The Petitioner further through the representation dated 24.06.2013 requested the District Collector, Medak at Sangareddy to examine the cheating done by the 8th Respondent and restore Petitioner’s job to the Petitioner w.e.f. 1985, through the Superintendent of Police, Medak at Sangareddy and R.D.O., Sangareddy i.e., 5th and 6th Respondents herein.

6. In the counter affidavit filed by the Respondents No.1 to 3 at paras 11, 15, 16 it is contended as follows :

    “Para 11 : It is submitted that the Petitioner herein had made a representation in Telugu dt. 10.06.2013 through the District Collector, Medak vide their Letter No. H6/81/2013, dt. 10.06.213.

Para 15 : It is submitted that apart from verifying the records available with this factory, the 3rd Respondent factory herein also made correspondence with Civil Authorities of Medak District, A.P. Government to investigate and verify the records pertaining to the claim of the Petitioner Shri K.Narsimhulu, S/o. K. Balraj vide his letter dt. 10.06.2013 (Ex.R8) and the bonafide status of Shri K.Narsimhulu, S/o. Malla Goud, R/o. Kysaram Village working in the 3rd Respondent’s factory herein who has been alleged to have cheated and gained appointment in the name of Petitioner herein, vide letter No.15/1000/VLC/Genl/ LDP/KN/2013, dt. 03.08.2013 (Ex.R18) and a copy was endorsed to the Petitioner herein. Further, the Petitioner herein has been informed vide letter of even number dt. 16.09.2013 that Shri K.Narsimulu, S/o. Malla Goud, Sand and Shot Blaster, T.No.40-1/LMS section has been appointed against Patta in Sy.No.150/2 measuring 4.15 acres land of Kysaram Village and not against the Patta Nos.149, 34, 274, 275, 21 land of Yeddumailaram Village as alleged by him (Ex.R19) with a copy to the District Collector, Medak. The District Collector, Medak vide their Lr.No.C3/2907/2013, dt. 23.09.2013 addressed to RDO, Sangareddy and a copy to the 3rd Respondent Factory herein requested to explain the matter if any required by the RDO (Ex.R20). Further, the RDO, Sangareddy vide his letter No.B3/4001/2013, dt. 18.10.2013 requested to prepare the fair counter (Ex.R21). The 3rd

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