M.Mohan Reddy v. The Principal Secretary To Govt.

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No. 18236 OF 2018 ORDER:

This Writ Petition is filed seeking Writ of Mandamus directing the respondents 1 to 5 to pass appropriate orders on the representation of the petitioner dated 18.05.2018. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Higher Education appearing for respondents 1 to 4.

Petitioner filed representation dated 18.05.2018 before the respondents 1 to 5 with the following prayer: "Therefore, I approach you with folded hands kindly to intervene in the matter and issue directions to the authorities concern to direct M/s.Jakkidi Janga Reddy Educational Society (Regd.No.860/2011) to vacate and hand over peaceful physical possession of the premises bearing M.No.20-137 situated at RB Nagar, Shamshabad, R.R.District to me and also to pay the arrears of rents w.e.f.1-1-2016 for which act of kindness I shall ever remain grateful to you Sir."

Through the contents of the application, petitioner wants to bring the fact about expiry of lease between petitioner and unofficial respondent, but relief sought in the representation seeking direction to vacate, which is civil in nature.

I am afraid that this Court can direct the 1st respondentPrincipal Secretary to Government, Higher Education Department, to consider the representation of the petitioner for handing over the premises and that no mandamus can be issued by exercising power under Article 226 of the Constitution of India to dispose of the same, by interfering in civil dispute between petitioner and unofficial respondent, when already suit is pending between them. However, the fact that lease expired has to be taken into account while extending

permission/affiliation, if any. Therefore, I am not inclined to entertain this Writ Petition.

Accordingly, this Writ Petition is dismissed with the above observation. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this Writ Petition shall stand dismissed.

_________________________ A.RAJASHEKER REDDY,J 05-06-2018 kvs

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No. 18236 OF 2018 Date: 05.06.2018 kvs