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 WRIT PETITION NO.27168 OF 2010 DATED:22.9.2014 Between:
V. Srinivas and another … Petitioners And The Government of Andhra Pradesh Rep. by its Principal Secretary Panchayat Raj and Rural Development Department Secretariat 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.27168 OF 2010 ORDER: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This writ petition has been filed by two petitioners, namely, V. Srinivas and M. Pandurangam. During the pendency of the writ petition, first petitioner died intestate. So, an application has been taken out for recording his death and also for bringing his heirs and legal representatives in his place and instead. According to us, in public interest litigation death of a person does not affect the cause as the right to sue survive amongst the members of the public. But, when an application has been filed for substitution of the first petitioner, we are of the view that it is not a public interest litigation and it is individual interest litigation so far as first petitioner is concerned. More over, from the counter affidavit of respondent No.10 we find that the said respondent has specifically stated that the conduct of the petitioners would clinchingly establish that they want to wreck personal vengeance against this respondent for their wrongful gain. This averment and statement has not been denied by filing any affidavit in reply. We therefore hold that this writ petition is not a public interest litigation and it is individual interest litigation.
The writ petition is therefore dismissed.
Pending miscellaneous petitions are also dismissed. There will be no order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 22.9.2014 bnr