HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
PUBLIC INTEREST LITIGATION No.186 OF 2014
DATED: 04.08.2014 Between:
Bharatiya Janata Kishan Morcha … Petitioner And Government of Telangana and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR PUBLIC INTEREST LITIGATION No.186 of 2014
ORDER: (per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta)
This Public Interest Litigation has been filed by Bharatiya Janata Kishan Morcha, represented by Vice- President, for the following relief:
“For the reasons stated in the accompanying affidavit, it is prayed that this Hon’ble Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the inaction of the respondent authorities in taking steps to protect the Government Poramboke land in Sy.No.1026 situated at Saptagiri Colony, Karimnagar Town, in spite of my written representations dt. 4.8.2011 and 6.2.2014, as being illegal, arbitrary and unconstitutional and consequently direct the respondent No.2 and 3 herein to take all precautionary measures to protect the above said Government land and to take action against all the culprits in accordance with law.”
In this Public Interest Litigation, there is not a single authenticated document filed to show that the land in question belongs to the Government. Of course, the learned counsel for the petitioner has drawn our attention to a letter written by Tahsildar in 2007 terming it as an authenticated document. We have read the document. It appears that it is a complaint of Tahsildar but it is not supported by any revenue records. Moreover, no provision of law has been shown to us that once a representation of this nature is made, respondents are to take action forthwith, rather law is otherwise. The petitioner himself stated that he has to approach the Special Court constituted under the Land Grabbing Act. Instead of doing his own duty, the petitioner has tried to blame the respondent authorities. We do not appreciate this. This application according to us is not a public motivated one and is in the nature of individual interest litigation.
Hence, we dismiss this Public Interest Litigation with costs of Rs.200/- (Rupees Two Hundred only) payable to High Court Legal Services Committee, by the petitioner within a week from date. It would be open for the petitioner to approach appropriate forum in accordance with law, if so advised.
Consequently, pending miscellaneous petitions, if any, shall stand dismissed.
4th AUGUST, 2014.
K.J. SENGUPTA, CJ SANJAY KUMAR, J kvni