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.247 OF 2014 DATED:13.10.2014 Between:
Pathan Habeeb Khan and others … Petitioners And State of Andhra Pradesh Rep. by its District Collector Prakasam District at Ongole 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.247 OF 2014 ORDER: (per the Hon’ble Sri Justice Sanjay Kumar) By way of this writ petition, filed in public interest, the petitioners seek the following relief:
“… to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction on the part of respondents 1 to 4 on the representation of petitioners dt.10.02.2010 for protecting Vutukuri Kotaiah Sreshti Memorial Town Hall in an extent of about 20 cents in survey No.282 and 486 of Chirala Revenue Village in Chirala Mandal of Prakasam District, from being demolished and alienated by respondents 5 and 6 to some Realtors without allowing its use for public purpose, as illegal, irregular, irrational, violative of provisions fo Andhra Pradesh Municipalities Act, 1965 and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents 1 to 4 to protect the said Town Hall from demolition and protect the same for public purpose and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”
Admittedly, the petitioners have already approached the Human Rights Commission with regard to the very same issue and, rightly or wrongly, the Commission has entertained the matter and the same is pending as on date. It would therefore not be open to the petitioners to simultaneously approach this Court by way of this public interest litigation and seek a parallel relief. On this short ground, this public interest litigation fails and is accordingly dismissed.
Pending miscellaneous petitions, if any, shall also stand dismissed. There will be no order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 13.10.2014 bnr