LAWS(APH)-2011-12-52

TOPARA RAJENDER Vs. GOVT. OF A.P

Decided On December 22, 2011
TOPARA RAJENDER Appellant
V/S
GOVT. OF A.P., REP. BY ITS SECRETARY TO GOVT, HYDERABAD Respondents

JUDGEMENT

(1.) In this writ petition the prayer is that the proceedings dated 20.4.2008 and 2.5.2008 be declared as illegal. By the aforesaid proceedings, the land belonging to the husband of respondent No.3, which was acquired in 1965 under the provisions of the Land Acquisition Act, 1894 was re-conveyed to her.

(2.) According to learned counsel for respondent No.3, the writ petition is said to have been filed in public interest, but it is intended to subserve only a private interest and, therefore, it should be dismissed on this ground alone.

(3.) In our opinion, the contention of learned counsel ought to be rejected for two reasons. Firstly, it seems to us that the description of the petition as having been "filed in public interest and in good faith" does not make it a public interest litigation, even though respondent No. 3 and the Registry of this Court may have understood it as such. To describe the writ petition as a public interest litigation is nothing but a misnomer - the writ petition is nothing more and nothing less than any other writ petition. The averment made by the petitioners, on which reliance has been placed by learned counsel for respondent No. 3 is as follows: