THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Public Interest Litigation No.120 of 2014
DATED:28.4.2014 Between:
Sargadam Rama Krishna, Amberupuram Village, Visakhapatnam District.
And The Government of Andhra Pradesh Represented by its District Collector, Visakhapatnam 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.120 of 2014
Order: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) We are of the view that the writ petitioner can very well approach the Court concerned with regard to his grievance as Section 8 of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 (for short ‘the Act’) provides so. Sub-Section (1) of Section 8 of the Act, enables amongst other things a person to approach the Special Court. It reads thus:
“The Special Court may, either suo motu or on application made by any person, officer or authority take cognizance of and try every case arising out of any alleged act of land grabbing or with respect to the ownership and title to, or lawful possession, of the land grabbed, whether before or after the commencement of this Act, and pass such orders (including orders by way of interim directions) as it deems fit.”
The petitioner, therefore, will be free to approach the Special Court. We are not entertaining this petition because it is not an alternative and efficacious remedy.
The Public Interest Litigation is accordingly dismissed. Consequently, the miscellaneous petitions, if any pending, shall also stand dismissed. No costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 28th April, 2014 PNB