THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Petition No.129 of 2009
DATED:17.11.2014 Between:
M/s. Old Motor Parts Association, Hyderabad.
… Petitioner And The District Collector/Chairman, Hyderabad District Scheduled Castes Service Coop. Society Ltd., Hyderabad and others.
….Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Petition No.129 of 2009
Order: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
An adjournment of hearing in this matter is sought for. We refuse to grant an adjournment for the simple reason that the matter is of the year 2009 and it came up for hearing in the year 2009 and thereafter it was not brought in the list.
By this writ petition, the petitioner seeks relief in the name of public interest as follows:
“to pass an order or Writ, particularly writ in the nature of mandamus, declaring the action of the respondent No. 2 in executing a memorandum of Agreement dt. 19th July, 2007 and the issuance of the proceedings of the respondent No. 1 in Proceedings No. 2098/SC/NSKFDC/05- 06, dt. 28-2-2008 authorizing the respondent No. 3 to construct toilet complex comprising of 4 toilets, 2 urinals and 2 Bath Rooms with total area of 280 sq. ft. to 300 sq. ft., (toilets and bathrooms 8x5 feet, 2 urinals) at Afzal Gunj Near Osmania Hospital, Hyderabad on the 30 feet existing main road leading towards the Begum Bazar adjacent left Gate of the Osmania General Hospital General Hospital, Hyderabad and the acts of the respondent No. 3 in dumping the building material for construction of "Toilet Building”, without considering the representation of the petitioner given to the respondent No. 2, dt. 27-12-2008 as illegal and arbitrary and pass any other suitable orders.”
In our view, the agreement was entered in the year 2007 and obviously, construction must have been completed by this time. Moreover, a third party cannot challenge the policy decision made by the Government for the welfare of the people at large. The writ petition is thoroughly misconceived and is devoid of any merits.
The writ petition is accordingly dismissed.
Consequently, the Miscellaneous petitions, if any, pending shall also stand closed. No costs.
K.J. SENGUPTA, CJ 17th November, 2014 Pnb SANJAY KUMAR, J