Telangana High Court
WP/24630/2004 of P. Kishore Babu, Vs The Mandal Revenue Officer, on 29 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 24630 of 2004 Between: P. Kishore Babu, S/o. Anandam, R/o. H.No.1-16/2, (Old) 1-2/2,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANA
WRIT PETITION NO : 24630 of 2004
Between:
P. Kishore Babu, S/o. Anandam, R/o. H.No.1-16/2, (Old) 1-2/2, Mancherial town,Adilabad District.
..... PETITIONER
AND
1 The Mandal Revenue Officer, Mancherial, Adilabad District.
2 The Principal, Govt ITI College, Mancherial, Adilabad District.
.....RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue a writ, order or direction particularly one in the nature of Writ of Mandamusdeclaring the action of the respondents in not enquiring into the matter of Govt ITIland and fix the boundaries and taking coercive steps including demolition ofstructures of House No.
1-16/2 (Old 1-2/2) situated at Mancherial town, Adilabad District belonging to thepetitioner is as illegal, improper and consequently direct the respondents to conductenquiry into the matter of Govt ITI land and fix the boundaries and not to takecoercive steps against the petitioner’s house bearing No.1-16/2 (Old 1-2/2) situatedat Mancherial town, Adilabad District.
For the Petitioner: MR.M.YESHWANTH KUMAR, Advocate.
For the Respondent No.1: GP FOR REVENUE
For the Respondent No.2: GP FOR HIGHER EDUCATION
The Court at the stage of admission made the following :
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ORDER:
Heard the learned counsel for the petitioner, learned Government Pleader forRevenue appearing on behalf of respondent No.1 and the learned GovernmentPleader for Higher Education appearing for respondent No.2.
The petitioner claims to be owner of the house bearing No.1-16/2 (old 1-2/2)admeasuring 100.4 square yards in Survey No.255 of Mancherial town, situatedadjacent to the land belonging to the second respondent-ITI. He states that somepersons appear to have encroached into the land of the ITI, and the secondrespondent had provoked his students to dispossess and remove the structuresraised by the encroachers, and during the course of their activities, the studentsillegally tried to demolish the structures of the petitioner. His grievance is that as thestudents and the employees of the ITI are frequently coming to his house andthreatening to demolish the structures, he made a representation dated 18-12-2004to the first respondent-Mandal Revenue Officer to enquire into the matter, but noaction has been taken so far. Hence, the writ petition.
Inasmuch as the second respondent-principal was stated to have provoked hisstudents to take coercive steps in demolishing the structures of the petitioner, thepetitioner can seek his remedies by filing a criminal case against the principal andhis students, but not by invoking the extraordinary jurisdiction under Article 226 ofthe Constitution of India. The petitioner has no locus standi to file the present writpetition, which has no merit.
Accordingly, the writ petition is dismissed at the stage of admission. No costs.
Date: 29-12-2004
______________
N.V. RAMANA, J
Svv
1 The Mandal Revenue Officer, Mancherial, Adilabad District.
2 The Principal, Govt ITI College, Mancherial, Adilabad District.
3 Two CCs. to the Government Pleader for Revenue, High Court Buildings, A.P., Hyderabad (OUT).Buildings, A.P., Hyderabad (OUT).
4 Two CCs. to the Government Pleader for Higher Education, High Court Buildings, A.P., Hyderabad (OUT).Court Buildings, A.P., Hyderabad (OUT).
5 Two CD copies.