IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR PUBLIC INTEREST LITIGATION No. 170 of 2014 Date: 29.12.2014 Between:
P. Madhavi … Petitioner And The State of Telangana, Rep., by its Principal Secretary, Revenue (Assignment-III) Department, Hyderabad & others.
… Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR PUBLIC INTEREST LITIGATION No. 170 of 2014 ORDER: (Per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This writ petition has been filed to declare G.O.Ms.No.733 dated 18.07.2009 and the inaction of the 1st respondent pursuant to the representation dated 05.05.2014 of the petitioner as illegal, arbitrary and unconstitutional.
While reading the impugned Government order dated 18.07.2009 we do not find any illegality on the face of it. The Government’s authority to issue such order cannot be questioned and indeed it has not been questioned. However, it was submitted that the Government is not implementing the Government order in its true spirit factually, and it was stated that the road in question was sought to be built only for the benefit of the 5th respondent. It appears from the writ petition that some representation was filed and an application under the Right to Information Act, 2005, was also made seeking information from the respondent concerned. On 01.03.2014, the following information was furnished to the petitioner on receipt of his application under the said Act.
“Para No.(1) At present there is no proposal of laying of road at TRT Quarters Jawahar Nagar.
Para No.(2) No. Not accorded to any agency.
Para No.(3) At present there is no proposal of Estimation of Road. Para No.(4) At present there is no proposal of Estimation of Road.
Allotment of budget does not arise.”
In spite of furnishing of the aforesaid information, why the writ petition was filed is not understandable. According to us, on receipt of the said information the petitioner should have deserted himself from taking further action on the same fact.
Learned counsel for the petitioner says that actually the aforesaid information supplied is not factually correct.
We find that this case has not been made out in the present writ petition. Accordingly, we close the writ petition without passing any order. If the petitioner has any grievance in relation to the subsequent events, if any, it is open to him to agitate the same before the appropriate forum.
Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J Date: 29.12.2014 ES