Battula Sammaiah v. The State Of Telangana

HONOURABLE SRI JUSTI CE SANJAY KUMAR WRI T PETI TI ON No.8453 of 2019 ORDER:

The prayer of the petitioner in this case reads as under: "For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleased to issue writ or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the respondent authorities in taking action against the 4th respondent herein for illegally and highhandedly dumping the sand into the petitioners land in Sy Nos 1282/E 1282/EE 1281/U and 1282/A situated at Akunur village Saidapur Handal Karimnagar District without any authority in spite of the written representations dt 21.1.2019 and 22.3.2019 as being illegal arbitrary and unjust and consequently direct the respondent authorities to take action against the 4th respondent in accordance with Law and pass such other relief or reliefs as this Honble Court deems fit and proper in the circumstances of the case."

It is the case of the petitioner that the 4th respondent, a private party, is dumping sand upon his land and that he made representations to the revenue authorities to interfere, but no action has been taken till now. Smt. G. Jaya Reddy, learned counsel for the petitioner, is unable to demonstrate before this Court that any duty is cast upon the revenue officials to interfere when a private party illegally dumps sand on another private party's land. Without a legal duty being cast upon them it is not incumbent upon the respondent authorities to take action even if a representation is made.

The Writ Petition is therefore utterly misconceived and is accordingly dismissed. Miscellaneous Petitions pending in this Writ Petition shall also stand dismissed. No order as to costs.

____________________ JUSTI CE SANJAY KUMAR Date: 3rd June, 2019.

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