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.152 OF 2014 DATED:16.6.2014 Between:
P.V. Krishnaiah … Petitioner/Party-in-person And Union of India Rep. by its Cabinet Secretary Central Secretariat New Delhi 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.152 OF 2014 ORDER: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This public interest litigation has been filed for the following releifs:
“…to issue a writ, order or direction in the nature of Mandamus or otherwise declaring the action of the Union of India, in not engaging the defense forces, particularly the naval force for recovery of the 24 dead bodies of Engineering Students of VNR Vignana Jyothi Institute of Engineering and Technology, Bachupally, Hyderabad, who died because of the sudden flash release of water from 126 MW Larji Hydroelectric Power Project, Mandi District, on Thaulat on Manali – Kiratpur Highway in Beas River, Himachal Pradesh, as arbitrary, illegal and unconstitutional, violating Article 14 and 21 of the Constitution of India apart from public and national interest and issue consequential directions, directing the respondents to depute the defense personnel, particularly the naval force to recover the remaining 24 dead bodies of Engineering Students of VNR Vignana Jyothi Institute of Engineering and Technology, Bachupally, Hyderabad, forthwith, and further direct the respondents to hand them over to the respective families, with a further direction to the respondents 1 – 3 to formulate a scheme, policy, guidelines to utilize the services of defense services other than the defense purpose for general, civilian purpose whenever such contingencies is required in the country because of various natural calamities as well as other/artificial calamities in the interest of the citizens of India and Nation and pass such other order or orders as it deem fit and proper in the circumstances of the case.”
We have heard the petitioner, who appears in person, and Sri P. Vishnuvardhan Reddy, learned Assistant Solicitor General of India, and we have gone through the statements and averments made in the writ petition.
It appears from petition itself that the incident has taken place at a place situated in the State of Himachal Pradesh. The dead bodies of the students had to be recovered from the River Beas, which locates and flows within the State of Himachal Pradesh. According to us, no part of cause of action has arisen within the territorial limits of this Court.
However, the petitioner says that since the students belong to the State of Telangana and the State of Andhra Pradesh and the dead bodies are to be handed over to the kins of their families, so this constitutes cause of action here. We are unable to accept that this constitutes a part of cause of action to be dealt with by this Court.
The petitioner also submits that the Central Government is duty bound to take action in the matter as it is having control all over India, including both the States of Telangana and Andhra Pradesh. We are unable to accept this contention for exercising our jurisdiction.
Further more, it appears from the newspapers clippings annexed to the writ petition, that the Himachal Pradesh High Court has taken cognizance of this matter. We, therefore, do not entertain the writ petition on the ground of lack of territorial jurisdiction.
However, we feel it appropriate to record the submissions of the learned Assistant Solicitor General of India, who says that all steps have been taken by the Central Government and all endeavours would be made to recover the dead bodies of all the victims, including the dead bodies of the victim students of the State of Andhra Pradesh. The same is recorded for recording purpose hoping Central Government will take steps to help the kin of victims in possible way.
With the aforesaid discussion, we close this matter without passing any mandate. However, it would be open to the person/s who is/are affected by this sad incident, to bring a comprehensive petition and approach appropriate forum. There will be no order as to costs.
Consequently, pending miscellaneous petitions, if any, shall stand closed.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 16.6.2014 bnr