Telangana High Court
PIL/408/2012 of Jakka. Rajeshwer S/o. Gangaram, Vs The Government of Andhra Pradesh, on 31 December 2012
THE CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND THE HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR PUBLIC INTEREST LITIGATION NO.408 OF 2012 Dt: 31-12-2012. Between: JAKKA RAJESHWAR .. PETITIONER AND THE GOVT. OF A.P. REP. BY ITS PRINCIPAL SECRETARY TO THE SCHOOL EDUCATION, SECRETARIAT
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Conclusion
THE HON’BLE THE CHIEF JUSTICE SRI PINAKI CHANDRA GHOSEAND
THE HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR
PUBLIC INTEREST LITIGATION NO.408 OF 2012
Dt: 31-12-2012.
Between:
JAKKA RAJESHWAR .. PETITIONER
AND
THE GOVT. OF A.P.REP. BY ITS PRINCIPAL SECRETARYTO THE SCHOOL EDUCATION,SECRETARIAT BUILDINGS,HYDERABADAND OTHERS .. RESPONDENTS
THE HON’BLE THE CHIEF JUSTICE SRI PINAKI CHANDRA GHOSEANDTHE HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR
PUBLIC INTEREST LITIGATION NO.408 OF 2012
ORDER: (Per THE HON’BLE THE CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE)
This writ petition is filed by the writ petitioner under the Public Interestjurisdiction praying to issue a Writ of Mandamus to direct the respondents totake steps for commencing and completing the construction of the ModelSchool Building in Vempally village of Balakonda Mandal, NizamabadDistrict in pursuance of the notification issued and foundation laid andproceedings issued by the respondent No.3 dated 11.5.2012, expeditiouslyby giving opportunity to the children of Vempally village and its surroundingvillages to have their qualitative education in the village.
Heard learned counsel appearing for the parties and perused the record.
Learned Government Pleader for Revenue has brought before us thereport filed by the 3[rd] respondent-District Collector, Nizamabad District,wherein it has been stated that an extent of Ac.5.00 Government land inSy.No.1333 situated at Balkonda (V&M) has been allotted in favour of theDistrict Educational Officer, Nizamabad vide proceedings dated 20.6.2011 forconstruction of Model School building and the Executive Engineer,APEWIDC, Nizamabad, who is the executive agency, has informed that theland is not suitable for construction of Model school situated at Balakonda (V&M). It is further stated that as the said land was not suitable forconstruction of Model School building, a revised order has been issued videproceedings dated 11.5.2012 allotting Government land in Sy.No.196/5,197/5,6 to an extent of Ac.4.05 gts situated at Vempally village of BalakondaMandal for construction of Model School in favour of the Project Officer,RVM/District Educational Officer, Nizamabad. It is further stated that as thevillagers of Balakonda (V&M) have objected for the said proposal and havecome forward for levelling of the land in Sy.No.1333 situated at Balakonda(V&M), the Revenue Divisional Officer, Executive Engineer, APEWIDC andDistrict Educational Officer, Nizamabad have inspected the site andproposed reducing the extent to Ac.3.20 gts out of Ac.5.00 which is suitablefor construction of Model School building.
It is submitted by the learned Government Pleader for SchoolEducation that the Commissioner and Director, School Education, A.P.,Hyderabad has been addressed regarding availability of land in Balakonda(V&M) and was requested for permission to commence the work at the saidland and that upon granting permission the work has already beencommenced at the site.
In view of the above, we do not intend to pass any further order in thismatter.
Accordingly, this Public Interest Litigation is disposed of on the aboveterms. No costs.
( PINAKI CHANDRA GHOSE, HCJ )
Dt: 31-12-2012.
TNB
( VILAS V.AFZULPURKAR, J )