This common order directed respondent authorities to act on representations filed by a society regarding encroachment on park land, disposing of the PIL and writ petition with a four-week deadline.
Authorities directed to consider representations and pass orders within four weeks.
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THE HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
PUBLIC INTEREST LITIGATION No.143 of 2012 & WRIT PETITION No. 11313 OF 2010
DATED:27.8.2012
Between: The Society, Pandit Jawaharlal Nehru Children’s Park, Suraram Colony, Quthbullapur, R.R. District.
… Petitioner
And
The District Collector, R.R. District and others.
…. Respondents
THE HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND
THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
PUBLIC INTEREST LITIGATION No.143 of 2012 & WRIT PETITION No. 11313 OF 2010
Common Order: (per the Hon’ble the Acting Chief Justice Sri Pinaki Chandra Ghose)
Assailing the inaction on the part of the respondent-authorities in not taking any action on the representations of the petitioner-society, the petitioner-society filed the public interest litigation as well as the writ petition.
According to the petitioner, the land in question is ear-marked for a public purpose, i.e., for a park. Petitioner alleges that when some people tried to encroach the said land, petitioner made representations dated 27.10.2011 and 8.12.2011 to the respondent-authorities to take necessary action to protect the land from being encroached upon. But, the respondent-authorities did not take any action thereon. Hence, the petitioner filed the aforementioned public interest litigation as well as writ petition.
Under the circumstances, we feel it appropriate to direct the respondent-authorities to consider and pass appropriate orders on the representations so filed by the petitioner.
Accordingly, the writ petition is disposed of with a direction to the respondent-authorities to consider and pass necessary orders on the aforesaid representations filed by the petitioner in accordance with law, within a period of four weeks from today.
The public interest litigation and the writ petition are accordingly disposed of.
__________________________ PINAKI CHANDRA GHOSE, ACJ
______________________ VILAS V. AFZULPURKAR,J 27-8-2012 pnb
1 issue framed by the court
Whether the respondent authorities should consider the petitioner's representations regarding the protection of park land from encroachment.
Society, Pandit Jawaharlal Nehru Children's Park
District Collector, R.R. District
Pinaki Chandra Ghose
Vilas V. Afzulpurkar
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
