The Common man should not be made to run to the Courts because of some inaction or the over-action of the pat of officer- When he is made to come to the Court, the Officer concerned shall bear the costs

 HIGH COURT FOR THE STATE OF TELANGANA 

WRIT PETITION No.41702 of 2022 

Between: Smt. Gunturu Nagarjuna Kanthamani W/o Sri Mukhesh Babu, Aged about 55 Years, Occ: House Hold, R/o H.No.30-105, Nandanagar, H.M.T Township, Chintahl, Khuthbulaapur Mandal, Medchal-Malkajigiri District ..Petitioner

 and

1. The State of Telangana Represented by its Principle Secretary Department of Municipal Administration and Urban Development, Secretariat, Burgula Ramakrishna Rao Bhavan, Hyderabad 

2. Commissioner and Director of Municipal Administration, represented by its Director, 640, A.C.Guards, Hyderabad

 3. The Suryapet Municipality Represented by its Commissioner, Suryapet, Suryapet District

 4. The District Collector Suryapet District 5. Smt. Devulapally Rama Devi W/o Ashok Kumar, Aged about 60 Years Occ: House Hold, R/o. H.No.1-6-131/A1, Near Ramalingeshwara Temple, Suryapet, Suryapet District … Respondents

IMPORTANT OBSERVATIONS  MADE IN PARAS 28 TO 30 

28. It is further submitted by the learned Government Pleader that the report containing the above said details is an interim report and some more time of two weeks may be granted to submit the final report. This court so far has granted more than six months time. This court was holding the municipal roaster for a period of nine months and majority 27 cases are filed seeking the relief to dispose of their representations. This court is not able to understand why the respondents who are bound to consider the representations do not consider the same and when the matter comes up before this court, learned standing counsel representing them submits that they will consider the representations. In Writ Petitions of this nature, there is no process of adjudication that is involved. When it is mandatory duty and obligation of the respondents to consider the representations, because of the lapses on their part, unnecessarily, the parties are made to rush to this court. The common man should not be made to run to the courts because of some inaction or the over-action on the part of the officer. When he is made to come to the court, the officer concerned shall bear the costs. Unless such accountability is fixed, there won’t be any change in the attitude of the officers, the courts will be burdened with the litigation and the common man is as well put to lot of hardship. 

29. The constitutional courts are required to adjudicate the complicated questions of law and safeguard the fundamental rights of the citizens. But unfortunately the courts are having very less time to decide the pending issues on complicated questions of law but the courts are busy in directing the officers to dispose of the representations asking the officers to do things which they are obligated to do so. 

30. Accountability is a sine qua non for any democratic system. The makers of our constitution made sure that each arm of power could be held accountable for its actions. It is the duty of the court to ensure that 28 the executive becomes alive to perform its duties. The courts have the power to keep the administrative acts within the limits of law. When an officer is bound to do a particular act and when he is not doing it, the higher authorities have a responsibility to monitor how the officers are working.

 31. Finally, basing on the orders passed by this court, the Government has issued memos. If the officer fails to dispose of the representation or follow any of the memos issued by the government, it is a clear violation of the orders of the court and also the memos issued by the higher authorities. 

32. In view of the memos issued by the Special Chief Secretary to Government, Municipal Administration and Urban Development Department, the officers shall adhere to the said memos and discharge their duties. 

33. Accordingly, the Writ Petition is disposed of. Registrar (Judicial) is directed to communicate a copy of this order to 1) The Chief Secretary, Government of Telangana and 2) The Special Chief Secretary, Municipal Administration & Urban Development who in turn shall communicate this order to all the Commissioners in the State of Telangana. There shall be no order as to costs. 

34. The Miscellaneous Applications, if any shall stand automatically closed. 

LALITHA KANNEGANTI, J