THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA
AND
THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Petition No. 4138 of 2009
DATED:17.11.2014
Between: A.Subhan Miya, Kurnool District.
… Petitioner
And
The Commissioner, Yemmigaur Municipality, Kurnool District and others.
….Respondents
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Petition No.4138 of 2009
Order: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
The writ petition has been filed asking the following relief:
“To issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the inaction of the 1st respondent in taking action against respondent Nos. 2 to 4 in connection with encroachments made by them on 40 feet public road and drainage canal situated in Geetha Nagar, HBS Colony, Yemmiganur, Kurnool District as illegal, arbitrary and violative of Articles 14 of the Constitution of India and consequently direct the 1st respondent to take action in removing encroachments and pass such other order or orders.”
Looking at the prayer, we are of the view that the writ petitioner can very well approach the Special Court with regard to his grievance as Section 8 of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 (for short ‘the Act’) provides so. Further, under Section 8 of the Act, the Special Court can take care of all problems even at the instance of a third party.
Hence, we close this matter reserving liberty to the petitioner to approach the Special Court, if the cause survives till today.
Consequently, the Miscellaneous petitions, if any, pending shall also stand closed. No costs.
K.J. SENGUPTA, CJ 17th November, 2014
Pnb
SANJAY KUMAR, J