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High Court for State of TelanganaPIL/90/2015dismissed no costs

Manda Purushottam, v. The State Of Telangana,

2015-04-133 pages

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON'BLE SRI JUSTICE SANJAY KUMAR PUBLIC INTEREST LITIGATION No. 90 OF 2015 DATE: 13.04.2015 Between:

Manda Purushottam & another.

... Petitioners And The State of Telangana, rep., by its Principal Secretary, School Education Department, (SSA), Hyderabad & others.

... Respondents

This Court made the following:

THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON'BLE SRI JUSTICE SANJAY KUMAR PUBLIC INTEREST LITIGATION No. 90 of 2015 ORDER: (Per the Hon'ble the Chief Justice Sri Kalyan Jyoti Sengupta) This writ petition has been filed to declare G.O.Ms.No.206 dated 20.02.2009 allotting the land to the 8th respondent as against the public interest and opposed to public policy of the State; order respondent Nos.2 and 3 not to interfere with the construction of the residential school for urban deprived at Khammam and

Kasthurba Gandhi Balika Vidyalaya (KGBV) at Khammam District; and direct the 7th respondent to complete the execution work as per the agreement and deliver possession of the schools for the benefit of poor and needy in the public interest as expeditiously as possible.

Looking at the prayer it appears that in the body of the affidavit no explanation has been given as to why this writ petition is sought to be filed in 2015 waiting for more than six years from the date of the impugned Government order. Besides while reading the statements and averments in the writ petition we find that subsequent Government order has been passed in respect of the same land and that order is not under challenge. It appears in the body of the writ petition there has been joinder of several inconsistent causes of action, and therefore it is difficult for us to entertain the writ petition on the given statements and averments. Accordingly, the writ petition is dismissed. However, it would be open for the petitioners to approach once again in an appropriate manner by clearly mentioning the distant and appropriate cause of action.

Pending miscellaneous petitions, if any, shall also stand dismissed. No costs. ___________________ K.J. SENGUPTA, CJ ___________________ SANJAY KUMAR, J Date: 13.04.2015 ES