THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Public Interest Litigation No.123 of 2014
DATED:28.4.2014 Between:
HOPE Tiger (regd. Society), Vikarabad, R.R. District.
And The State of Andhra Pradesh, Represented by the Principal Secretary, Department of Home, Hyderabad and others.
… Petitioner ….Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Public Interest Litigation No.123 of 2014
Order: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This petition has been filed for the following reliefs:
“To issue an appropriate Writ, order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not able to control and regulate the proper movements and use of licensed arms categorized as rifle or DBBL gun in reserved forests in order to prevent the possible poaching of wild animals is illegal, arbitrary and unconstitutional and consequently direct the respondents especially the 1st and 2nd respondents not to release the arms categorized as rifle or DBBL gun to the license holders in the state till appropriate steps are taken to control and regulate proper movements of the said arms in reserved forests in order to prevent the possible poaching of wild animals and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.:
It appears in the body of the petition, the allegations with regard to inaction on the aforesaid issues are based on information. There is no averment in the petition that the petitioners’ office bearer has personally gone to the location and found out the problem. No demand of justice has been made. No representation has been made in relation to the above issues, though representation was made on some other issue which is not subject matter of the petition.
It is settled position of law that ordinarily the Court would not issue any Mandamus unless it is preceded by the demand of justice followed by inaction. There is no averment and statement in the facts and circumstances of the case, that demand of justice should be futile exercise and we are of the view that it is not such a case. Accordingly, we feel that this petition is absolutely premature.
The learned lawyer even understanding the aforesaid provision of the law, went on making his submissions to press this premature action and has taken the Court’s time unnecessarily. We dismiss the Public Interest Litigation with costs at Rs.2000/- (Rupees Two Thousand Only) to be paid by the petitioner to the A.P. State Legal Services Authority, Hyderabad within a fortnight from the date of receipt of a copy of this order.
However, it will be open for the petitioner to approach the Court with demand of justice first and this order will not prevent and prejudice the petitioner from doing so.
The Public Interest Litigation is accordingly dismissed with costs as aforestated.
Consequently, the miscellaneous petitions, if any pending, shall also stand dismissed.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 28th April, 2014 PNB