K.Sreekanth, S/O.K.Govindayya, v. The Sho, P.S.Medipally, Ghatkesar Mandal, R.R.District.

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH **** WRIT PETITION NO.39127 OF 2015 DATED 1st DECEMBER, 2015 Between:

K. Sreekanth .. Petitioner and The SHO, P.S.Medipally, Ghatkesar Mandal, R.R.District and others .. Respondents

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.39127 OF 2015

O R D E R

The prayer in this writ petition is in the following terms: "For the reasons prayed for in the accompanying affidavit, it is humbly prayed that this Hon'ble Court may be pleased to pass an order in the nature of a Writ of Mandamus or Direction declaring the inaction of the Respondents 1 to 6 in not preventing the illegal acts of the 7th

Respondent as arbitrary and illegal; consequently directing the Respondents 1 to 6; to permanently ensure that the approach road of 25' running from East to West in respect of Plot No(s).42 to 45 and 46 to 49 in "Sri Sai Nagar Colony" Layout at Sy.No(s).4/2, part of S.No.4 and 5 part of Peerzadiguda Village, Ghatkesar Mandal shall remain as a Dead End on its Western side ending at the backside of Plot No.97 of the 7th respondent in the adjacent layout called "Taj Mahal Layout" in Sy.No(s).10/1, 10/2 and 5 part; to permanently ensure that neither the 7th respondent nor any other shall be permitted to erect a gate or passage through the Dead End of the Petitioners approach road, and pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case and in the interest of justice." Heard Sri R.

Gopinath, learned counsel for the petitioner, learned Assistant Government Pleader for Home appearing for the first respondent, Sri G. Narender Reddy, learned Standing Counsel for the second respondent, and Sri Y. Rama Rao, learned Standing Counsel for the sixth respondent. The seventh respondent is a private party. The learned counsel for the petitioner is unable to demonstrate before this Court as to how any duty is cast upon the State authorities to protect the dead end in a private layout. A writ petition under Article 226 of the Constitution is a public law remedy and is not available for settlement of disputes between private parties. The writ petition is utterly misconceived and is accordingly dismissed. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

______________________ SANJAY KUMAR, J 1st DECEMBER, 2015 PGS