HIGH COURT of JUDICATURE at HYDERABAD for the State of Telangana and the State of Andhra Pradesh
Total Page：16
File Type：pdf, Size：1020Kb
Bar&Bench (www.barandbench.com) 1 HIGH COURT OF JUDICATURE AT HYDERABAD For the State of Telangana and the State of Andhra Pradesh (Rule-4(e) the High Court of Judicature at Hyderabad for the State Telangana and the State of Andhra Pradesh Public Interest Litigation Rules, 2015) W.P. (P.I.L.) No. of 2018 Between: Anumula Revanth Reddy, S/o. Late A.Narasimha Reddy Hindu, Aged about 50years, Occ: Member of Legislative Assembly, Telangana, R/o.Plot No.854-P, Road No.44, Jubilee Hills Hyderabad – 500 033, Telangana State. [email protected] Aadhar No. 901131447395 PAN No. ABYPA0449G …Petitioner AND 1. The State of Telangana, rep.by its Chief Secretary, Secretariat, Hyderabad. 2. The State of Telangana, rep. by its Principal Secretary, Revenue Department Secretariat, Hyderabad. 3. The Telangana State Industrial Infrastructure Corp. Ltd., Rep. by its Vice Chairman-cum-Managing Director O/o.5-9-58/B, 6th Floor, Parishrama Bhavan Basheerbagh, Hyderabad. 4. The State of Telangana, rep. by its Principal Secretary, Information Technology, Electronics & Communication Department Secretariat, Hyderabad. 5. Ikea India Pvt. Ltd., Rep. by its Chief Financial Officer O/o.Plot No.25 & 26, Hyderabad Knowledge City Raidurg Village, Serilingampally Mandal Ranga Reddy District. .... Respondents 1. PARTICULARS OF THE CAUSE/ORDER AGAINST WHICH THE PETITION IS MADE: SUBJECT MATTER IN BRIEF: The present PIL is filed aggrieved by the action of the 3rd respondent in allotting the land to the 5th respondent to an extent of13.10 acres in Plot No. 25, 26/P and 29/P and reserving Ac.3.17 gts @19.21 crores per acre in Plot No.27/P situated inRaidurg Pan Maktha Village, Sherilingampalli Mandal, Ranga Reddy District to Bar&Bench (www.barandbench.com) 2 establish a furniture store without issuing any notification or without inviting bids from prospective purchasers and in contrary to the spirit ofG.O.MS No.161 dated:13/02/2006, ITC policy 2005-2010, as illegal, arbitrary. 2. PARTICULARS OF THE PETITIONER The Petitioner was elected as a Member of Legislative Assembly from Kodangal Assembly Constituency in the year 2009 & 2014. He was also elected as MLC from 2007 to 2009.I feel that it is bounden duty to protect the interest of public in protecting the resources of the state. I am pained by the unilateral actions of the official Respondent in benefitting certain individuals and firms at the cost of public exchequer violating the spirit of the above government regulations with a vested interest. As Member of Legislative Assembly of Telangana State, I have approached the Concern authorities including Hon’ble Chief Minister and council of Minsters for the State of Telangana against the action of the Respondents in violating the rules and deviating basicpurpose for which notification was issued. My persuasion not to allow loss of revenue to government exchequer in different forums, including print and electronic media, went unheeded by the government. It is pertinent to note that several attempts were made to stifle my fight against this violation of laws and illegal decisions of respondents. Despite these unabated attempts by the vested interests, I continue to raise my voice against this injustice. As peoples’ representative, I strive to protect public interest and safeguard the interest of society by taking up issues with the government to ensure that good governance is guaranteed to the people. I submit that despite repeated attempts to reason with the concerned authorities and powers that be, I could not get any solace and, hence, constrained to approach this highest court seeking justice based on the principles of constitutional rule, rule of law, equality before law and equal opportunities to citizens. 2. I further submit that I am not involved in any Civil and Revenue cases but I have been implicated into several criminal and defamation Cases due to political vendetta by the powers that be as a retaliatory action for my fight against injustice and corruption. Bar&Bench (www.barandbench.com) 3 2.1 LOCUS STANDI:- It is submitted that the Petitioner is the member of Legislative Assembly and permanent resident ofPlot No.854-P, Road No.44, Jubilee Hills Hyderabad – 500033, Telangana State.He is challenging the action of the 3rd respondent in allotting land to the 5th respondent to an extent of 13.10 acres in Plot No. 25, 26/P and 29/P and reserving Ac.3.17 gts @19.21 crores per acre in Plot No.27/P situated at Sy.No 83/1, Raidurg Panmaktha Village, Sherilingampally Mandal, Ranga Reddy District on nomination basis without issuing any notification or without inviting bids from qualified purchasers and without following the letter issued by the 3rd respondent vide Lr.No.195/IPU/APIIC/2012, dt.09.01.2012 in relation to fixation of price which causes more than 500 crores loss to the Public Exchequer as illegal, arbitrary. The Petitioner as a public representative of this State is trying to eradicate such illegal acts done by the Govt. functionaries who are hand in glove with the private respondents as such, he is having locus standi to file this present Writ Petition by way of Public Interest Litigation. 3. DECLARATION AND UNDERSTANDING OF THE PETITIONER I, Anumula Revanth Reddy, S/o. Late A.Narasimha Reddy, Hindu, Aged about 50 years, Occ: Member of Legislative Assembly, Telangana R/o. Plot No.854-P, Road No.44, Jubilee Hills Hyderabad – 500033, Telangana State., do hereby solemnly affirm and sincerely state as follows:- 3.1. That the present Petition is being filed by way of Public Interest Litigation and the Petitioner does not have any personal interest in the matter. This Petition is being filed in the larger interest of the society within the jurisdiction the Respondents herein. 3.2 That the entire costs of litigation including the Advocate’s fee is borne by the petitioner. The PAN number of the petitioner is ABYPA0449G. Bar&Bench (www.barandbench.com) 4 3.3 That a thorough research has been conducted in the matter raised through the Petition. All the relevant documents pertinent to the subject as discovered by the Petitioner is annexed to the petition. 3.4 That to the best of Petitioner's knowledge and research, the issue raised was not decided and that a similar or identical petition was not filed earlier by us. 3.5 That the Petitioner understood that in the course of hearing of this petition the court may require any security to be furnished towards costs or any other charges and the petitioner shall comply with such requirements. 3.6 That the Petitioner never filed any case much less Public Interest Litigation in any other court with regard to the same subject. 4) FACTS IN BRIEF: 4.1 The Petitioner submits that the present Public Interest Litigation is filed aggrieved by the action of the 3rd respondent in allotting the land in Plot No.25, 26/P and 29/P to an extent of Ac.13.10 gts and reserving Ac.3.17 gts in Plot No.27/P @ 19.21 crores in Sy.No.83/1, Raidurg Pan Maktha Village, Sherilingampalli Mandal, Ranga Reddy District to the 5th Respondent to establish a furniture store without issuing any notification in contrary to the spirit ofG.O.Ms.No.161 dated13.02.2006, ITC policy 2005-2010, as illegal, arbitrary. 4.2 I respectfully submit that I was elected as Member of Legislative Assembly from Kodangal Constituency for the two consecutive elections held in the year 2009 and 2014. I was always in the forefront of fighting for the public cause even combined state of Andhra Pradesh and also in new state of Telangana whenever governments of the day have taken decisions against the interest of general public and causing crores of rupees loss to the government exchequer. After bifurcation of Andhra Pradesh, I continued my fight on public issues in the new State of Telangana. In this process, I have raised my voice against the illegalities and irregularities, inter alia, committed by the Respondent No.3 in various forums by way of representations, press meets, and Bar&Bench (www.barandbench.com) 5 expressing the same before print and electronic media including the House of Legislative Assembly. 4.3 I respectfully submit that the 3rd respondent was established by the composite State of Andhra Pradesh for the purpose to formulate, promote, finance, aid, assist, establish, manage and control schemes, projects or programs, to provide and develop infrastructure facilities, including factory sites, factory sheds, godowns, marketing facilities, warehouses, facilities of communications, power, water drainage, housing, hospitals and other medical and health and educational institutions and other services of any description in order to promote and assist the rapid and orderly establishment, growth and development of industries and commerce in the State of Andhra Pradesh and the same was adopted by the Telangana Industrial Corporation. 4.4 I respectfully submit that in order to promote sustained growth of ICT Sector not only to enhance the balanced regional socio economic development but also to spread the usage of IT to the last mile of the State for the benefit of common man, Government has announced the ICT Policy 2005-2010 vide G.O.Ms.No.11, IT,E & C Department dt.21.03.2005. In the said process the Government has allotted 424.13 acres in Sy.No.83/1, Raidurg Pan Maktha Village, Serilingampally Mandal, R.R.District, as per G.O.Ms.No.161, Rev(UC-II)Department, dt.13.02.2006. Thereafter the 3rd respondent divided the said land into different sizes of plots and invited tenders for most of the plots by way of different notificationsfrom 2007 onwards.