The High Court dismissed a PIL challenging a government order allotting land for sand mining. Finding no specific allegations of illegality or unconstitutionality, the Court held there was no scope to interfere and dismissed the petition.
The writ petition has been dismissed with liberty to file a fresh one with proper grounds.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
PRESENT
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
PUBLIC INTEREST LITIGATION NO.58 OF 2015
DATED:23.3.2015 Between: Y. Navamma and others … Petitioners And The State of Andhra Pradesh Rep. by its Secretary, Dept. of Mines and Geology Secretariat Hyderabad and others … Respondents
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
PUBLIC INTEREST LITIGATION NO.58 OF 2015
ORDER: (per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta)
This writ petition is filed impugning the government order dated 22.12.2014, by which the District Collector, Prakasam District, Ongole, has taken a decision for allotting a plot of land admeasuring Ac.13.00 cents in Survey No.102/1 of Pullaripalem Village, Vetapalem Mandal of Prakasam District, for sand mining. The power of the District Collector is not challenged. Nothing has been stated in the writ petition regarding illegality of the impugned order except mentioning vaguely that the allotment of sana poramboke to other purposes is against Act of 1998. In the absence of specific allegation as to illegality or unconstitutionality of the impugned order, it is difficult to interfere with the same.
We therefore dismiss the writ petition with liberty to the petitioners to file a fresh one with proper and appropriate grounds specifically.
Pending miscellaneous petitions, if any, shall also stand dismissed. There will be no order as to costs.
________________________ K.J. SENGUPTA, CJ
_______________________ SANJAY KUMAR, J 23.3.2015
bnr
1 issue framed by the court
Whether the High Court can intervene when the writ petition makes no specific allegations of illegality or unconstitutionality against a government order for land allotment.
Y. Navamma and others
The State of Andhra Pradesh
Kalyan Jyoti Sengupta
Sanjay Kumar
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
