THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.14261 of 2014 ORDER:
The petitioner herein sought for a Writ of Mandamus declaring the action of the respondent Nos.3 and 4 namely the Tahasildar, Gooty Mandal, Gooty and Gooty Municipality, Gooty, represented by its Commissioner, in trying to dispossess the petitioner from the property to an extent of Ac.0.11 cents in Sy.No.570 and an extent of Ac.2.45 cents in Sy.No.572 situated in Gooty, Ananthapur District and in trying to dismantle the brick industry without following due process of law as illegal.
Heard Sri Narasimhulu Parise, learned counsel for the petitioner as well as learned Standing Counsel for the Gooty Municipality.
It is relevant to notice that the Commissioner of Gooty Municipality has filed a detailed counter-affidavit in the matter.
In paragraph No.3 of the said counter-affidavit, it is pointed out that the writ petitioner herein filed a Civil Suit O.S.No.140 of 2011 on the file of Junior Civil Judge, Gooty and obtained permanent injunction against one Anjaiah and the said Anjaiah is not a party to the present writ petition and neither the Gooty Municipality nor the Tahasildar, Gooty Mandal is a party to the said Civil Suit.
It is obvious that there was some private dispute between the petitioner and some other third party.
In paragraph No.4, it is specifically asserted that the Commissioner of Gooty Municipality or any of his subordinate officers have never gone to the subject land on 25.04.2014 as alleged by the petitioner. The further averment of the petitioner that the bricks manufactured are sought to be lifted away, is also denied. It is specifically asserted that the respondents have never threatened to dismantle the unit of the petitioner and dispossess her from the subject land. It is further asserted that they have never acted in an arbitrary or highhanded manner to dispossess the petitioner from the subject land. However, the fact remains that the writ petitioner has not obtained any license or prior permission either from the Gooty Municipality or from the Tahasildar for running a brick industry.
It is therefore clear that there is no cause of action for the writ petitioner to approach this Court by instituting this writ petition and it is obviously instituted to insolate against any possible threat from the respondents at any later point of time. Therefore, the writ petition is a speculative one and accordingly it is dismissed. No order as to costs.
The miscellaneous petitions, if any, pending in this writ petition shall stand closed.
However, it shall be open to the respondents to act strictly in accordance with law as and when they contemplate to proceed against the petitioner and they shall not resort to any unilateral or stringent action.
JUSTICE NOOTY RAMAMOHANA RAO 18.11.2014 Ksp