IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 2137 of 2005 Between: Dwarakanagar, Maharnagar Residents and Burial ground welfare Association, Kakinada, E.G District, Regd. No. 68/2005, rep by its Secretary Nanepalli Brahmaji Rao, S/o. Satyanarayana, Hindu, aged about 42 years, R/o. Dwarakanagar, Kakinada, E.G. District. ..... PETITIONER AND 1 District Collector, East Godavari District at Kakinada, E.G. District. 2 Kakinada Muncipal Council, rep by its Special Officer, Kakinada, East Godavari District 3 Mandal Revenue Officer, Kakinada Urban, E.G.District. .....RESPONDENTS Counsel for the Petitioner:MR.CH.DHANAMJAYA Counsel for the Respondents: AGP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2137 of 2005 ORDER: This writ petition is ﬁled for a Writ of Mandamus to declare the action of respondent No.1 in seeking to allot extents of 0.33 cents and 0.37 cents, out of Ac.1.11 cents in R.S.No.210/4 and 210/5 in Dwarakanagar and Meharnagar colonies of Kakinada Municipality, for construction of Excise Oﬃces and Dhobhi Ghats, contrary to the resolutions dated 06.01.1998, 30.06.1998 and 30.11.2000, as illegal and arbitrary. 2. The petitioner, who claims to be an Association of Dwarakanagar and Meharnagar Residents, complained of the decision of the Government to utilize a part of the extent of Ac.1.11 cents situated in Kakinada Municipal limits for the purpose of allotment to Excise Department and Rajaka Chaitanya Samstha, Kakinada. 3. In paragraph 10 of the counter aﬃdavit ﬁled by respondent No.2, it is categorically averred that total area of R.S.Nos.210/4 and 210/5 was Ac.2.94 cents, out of which some of the residents including the members of the petitioner- Association encroached and occupied a part of the land reducing the said extents to Ac.1.11 cents. Though this counter aﬃdavit was ﬁled as far back as October, 2007, no reply aﬃdavit is ﬁled controverting the said allegation. The jurisdiction of this Court under Article 226 of the Constitution of India is discretionary and persons who approached the Court with unclean hand will not be permitted to invoke the jurisdiction of this Court. From the failure of the petitioner to controvert the speciﬁc allegation, it is reasonable to presume that some of the members of the petitioner Association, having encroached into the Government land vested in the Municipality, ﬁled this writ petition to sub serve their personal interest. At any rate, it is speciﬁcally stated in the counter aﬃdavit that after excluding the extent of 500 sq. yards and Ac.0.33 cents allotted to Rajaka Society and Excise Department respectively, the remaining land can be utilized for purposes such as construction of community hall, school building, Vyayama Kalasala and Mahila Mandali Bhavan etc. as resolved by the Kakinada Municipality earlier. 4. In this view of the matter, I do not ﬁnd any reasons for the petitioner Association to feel aggrieved by allotment of a part of the land, which, admittedly, belongs to the Government and vested in the Municipality for public purposes. 5. The writ petition is, accordingly, dismissed. No costs. _______________________ C.V.NAGARJUNA REDDY,J 28.08.2008 v v