THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.6222 of 2011 Dated 28th January, 2011 Between: Sayyed Khasim …Petitioner And The District Collector, Krishna District and others …Respondents Counsel for the petitioner: Sri K.R.Sashidharan Nair for Sri P.Kasi Nageswar Rao Counsel for respondent Nos.1 and 2: -- Counsel for respondent Nos.3 and 4: Sri Raju, learned counsel representing Sri G. Elisha, standing counsel for Gram Panchayats The Court made the following: ORDER: The petitioner, who admittedly is in possession of public property and suffered serious indictment by this Court in W.P.No.21997 of 2009, vide order dated 02.02.2010, filed the present writ petition undeterred by the said order passed by this Court. In W.P.No.21997 of 2009, this Court inter alia held as under: “….Obviously because there was no other Government land, the 4th respondent has chosen to encroach the part of the land, on which the school exists. He alone is not guilty of such glaring irregularities. Added to the above, the 4th respondent appears to have pressed in his religion into service, to prevent any steps against him. When pressure was mounting for his eviction, it appears that he tried to put some flags, with an attempt to depict, that it is a place of worship. Steps of that nature are yielding good dividends, and slowly they are becoming institutionalized. The petitioner intended to provide facility to children of tender age, by constructing an Anganwadi Centre. It would serve the interests of children, from the weaker sections of the society. The construction of the centre in the school premises would, in a way, prepare the kids for studying in the school, in the near future. Respondents 1 to 3 were under obligation to take steps to evict the 4th respondent from the land encroached by him. He is not able to place before this Court, any material, in support of his right vis-à-vis the land. In case he does not have any house of his own, he can be accommodated at a house site, provided by the Government, under various schemes.” On the above findings, this Court directed the eviction of the petitioner forthwith from the open area occupied by him around the Mandal Parishad Elementary School in the Village and provide him a house site, if it is found that he has no residence of his own. In the present writ petition, he has questioned the action of the respondents pertaining to remove the Darga – prayer place situated in survey No.114/2 and sought for an injunction restraining the respondents from interfering with his possession. It is not in dispute that the petitioner allowed the above noted order of this Court to become final. Therefore, it is no longer open to him to claim that the place in his occupation is a Darga and therefore, the respondents cannot evict him. This writ petition, in my opinion, constitutes sheer abuse of process of Court. Accordingly, the Writ Petition is dismissed. For indulging in vexatious litigation, the petitioner is saddled with costs of Rs.5,000/- (Rupees five thousand only) payable to respondent No.4 Gram Panchayat within a period of one month from today. If the costs are not paid, respondent No.4 shall be free to recover the same through execution proceedings. As a sequel to dismissal of the writ petition, W.P.M.P.No.7754 of 2011 filed by the petitioner for interim relief is dismissed as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 28th January, 2011 GHN