Pothani Purushotham v. The State Of Telangana,

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. 22 OF 2015 DATE: 16.02.2015 Between:

Pothani Purushotham & others.

... Petitioners And The State of Telangana, rep., by its Principal Secretary, Municipal Administration, 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. 22 of 2015 ORDER: (Per the Hon'ble the Chief Justice Sri Kalyan Jyoti Sengupta) This writ petition has been filed questioning the resolution being No.56 dated 05.09.2014 passed by the 3rd respondent - Nagara Panchayat Peddapally. By this resolution the 3rd respondent has decided to remove existing dilapidated public toilets to rebuild the same at different place by Public Private Partnership. The petitioners have stated that the proposed resolution intending to construct new toilets at a place is neither practically convenient nor commercially viable. In our view, this matter cannot be gone into by this Court, unless it is shown to us that the aforesaid resolution is patently illegal.

No illegality has been raised. The petitioners have merely questioned the viability of the same. According to us, it can only be reviewed by the Government and the Government alone under Section 59 of the Andhra Pradesh Municipalities Act, 1965 and such power of review can be exercised by the Government suo motu or on an application of the Member, Chairperson of the Nagara Panchayat concerned or the Commissioner. Neither of them has approached nor the petitioners have taken steps for review.

an application for review under the aforesaid provision of law. Under these circumstances, we direct the Government to consider the present writ petition being sufficient material to take action for review suo motu or not. If it is deemed fit and proper to take action suo motu on this material, such action may be taken within six weeks from the date of communication of this order. However, in the opinion of the Government, if such review is not called for in such a case decision shall be communicated to the petitioner within fortnight from the date of communication of this order.

The writ petition is accordingly disposed of on the above terms. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

___________________ K.J. SENGUPTA, CJ ___________________ SANJAY KUMAR, J Date: 16.02.2015 ES