HON'BLE SHRI G.S.SINGHVI, THE CHIEF JUSTICE and HON'BLE SHRI JUSTICE G.BHAVANI PRASAD W.P.NO.3501 OF 2006 Between: Smt.Papena Ramana and 5 others. ..... Petitioners AND The District Collector, Adilabad District, Adilabad and 3 others. .....Respondents ::JUDGMENT:: Counsel for the Petitioners : Sri P. Giri Krishna Counsel for Respondent Nos 1 to 3 : Government Pleader for Revenue Counsel for Respondent No. 4 : None appeared Dated 2/3/2006 Per Sri G.S.Singhvi, CJ The petitioners against some of whom First Information Report dated 1.2.2006 was registered at Kuntala Police Station, Adilabad District under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 have filed this petition in the name of public interest for issuance of a writ to declare the action of respondent Nos.1 to 3 in allotting government land admeasuring Ac.3.29 guntas comprised in S.No.810 in Gollamada village, Kuntala Mandal, Adilabad District to respondent No.4-Viswajyoti Budha Vihar Trust, Gollamada vilalge as arbitrary and illegal and also for issuance of a mandamus to respondents 1 to 3 to allot the land for Primary Health Centre or Veterinary hospital in terms of resolutions dated 24.1.2006 and 29.1.2006 passed by Gram Panchayat, Gollamada and Grama sabha (Village Development Committee) respectively. We have heard Sri P.Giri Krishna, learned counsel for the petitioners and perused the averments contained in the affidavit of petitioner No.1 and documents annexed with the petition. A reading of paragraphs 6 to 8 of the affidavit of petitioner No.1 makes it clear that the District Collector, Adilabad District has not allotted the land to respondent No.4. What has been averred in the affidavit is that the District Collector is considering the allotment of land to respondent No.4 and if allotment is made, the same would be detrimental to the interest of the people of the village. Another plea taken by the petitioners is that allotment of land cannot be made on the basis of communal and caste considerations. In our opinion, the writ petition is not only thoroughly mis-conceived but is a crude attempt to subvert the process of law initiated against some of the villagers who are stated to have committed offence under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and are being processed against on the basis of the first information report dated 1.2.2006. They have filed this petition as a counter blast to the case filed by those who may have some connection with respondent No.4. Such a petition, in our considered opinion, cannot be treated as a litigation filed in public interest. We are further of the view that there is no question of judicial interdiction in the proposed allotment of land to respondent No.4. The cause of action, if any, would accrue to the petitioners or any other aggrieved party only after allotment is made by the District Collector to Respondent No.4 and till that is done, they cannot ask the Court to mandate the District Collector not even to consider the allotment of land to respondent No.4. With the above observations, the writ petition is dismissed. The petitioners are saddled with the cost of Rs.5,000/- because they have abused the process of law in the garb of public interest litigation. The amount of costs shall be deposited by the petitioners with the Legal Services Authority, Andhra Pradesh within a period of one month from today failing which the Secretary, Legal Services Authority shall be entitled to recover the amount in accordance with law. A copy of this order be sent to District Collector, Adilabad so that he may ensure that the petitioners and those accused in first information report registered at Kuntala Police Station on 1.2.2006 are not able to subvert the process of law by using political or other influences. G.S.SINGHVI, CJ Dt.3.2.2006 G.BHAVANI PRASAD,J Msv/vtv msv