Point of Law: Public interest litigation - Court must be careful to see that a body of persons or member of public, who approaches the court is acting bona fide and not for personal gain or private motive or political motivation or other oblique consideration. The Court must not allow its process to be abused for oblique considerations. Some persons with vested interest indulge in the pastime of meddling with judicial process either by force of habit or from improper motives. Often they are actuated by a desire to win notoriety or cheap popularity. The petitions of such busy bodies deserve to be thrown out by rejection at the threshold, and in appropriate cases with exemplary costs

ORDER :

Arup Kumar Goswami, J.

The present Public Interest Litigation is filed alleging that respondent No.12, namely, the Alluri Seetharamaraju Education Society (ASHRAM) College, Malkapuram, Eluru, had encroached Government lands admeasuring Ac.21.46 cents, encroached the bunds of Godavari left canal and is making illegal structures and laying roads, without taking any permission from the authorized or competent authority and has been illegally releasing syringes, bio wastages, chemicals and other excreta into the SK-4 canal resulting in pollution of water and spread of several communicable fatal diseases.

2. It is pleaded in the petition that the land to the extent of Ac.87.33 cents was purchased by respondent No.12 as per Resolution No.75 dated 30.05.1999 of the respondent No.11 and permission for land conversion was granted for an extent of Ac.84.77 cents only to respondent No.12 and the extent of “Ac.21.96 cents” is not covered by the land conversion and, illegal constructions like toilets, generator sheds, canteen sheds, bio waste dumping area and incinerator plants, electrical sub-stations, auditorium and D-quarters were constructed in the encroached land. Respondent No.12 had constructed security post on irrigation canal and is not allowing the farmers of that area to pass through to go to their fields. The canal bund was also laid with BT roads on irrigation canal bund. A chart is given mentioning the details of survey numbers and extents of land encroached by respondent No.12 in various survey numbers measuring Ac.21.46 cents.

3. It is further pleaded that the lands covered in R.S.Nos.255/1, 256, 247, 214, 212, 151, 257, 258, 259, 185 and 186 are Government Poramboke and main canal bunds, as per the Government revenue records. Despite such encroachment and illegal activities, respondents No.1 to 10 had not taken any steps for clearing the encroachments and unauthorized structures.

4. The sum and substance of the allegations made by the petitioner is that respondent No.12 had encroached the land to an extent of Ac.21.46 cents in the survey numbers as indicated in the petition.

5. At this juncture, it is to be noted that it is not understood on what basis Ac.21.96 cents is said to be not covered by land conversion, when the case presented by the petitioner itself is that, out of purchase area of Ac.87.33 cents, land conversion is granted for an extent of Ac.84.77 cents.

6. Respondent No.12 against whom the allegations are levelled had filed an affidavit. In the said affidavit, it is stated as follows:

(i) Respondent No.12 is a non-profit society which has established a Medical College and an attached Teaching Hospital in the year 1999 and the same is located in a vast area of about 100 acres. The Medical college was started with an annual intake of 100 MBBS students after obtaining necessary permission from Medical Council of India, Government of India and Government of Andhra Pradesh and the college is affiliated to Dr. NTR University of Health Sciences, Vijayawada. The allegations of encroachment of Government ceiling land and bunds of Godavari left canal and making of illegal structures and laying of roads, without taking permission, are denied. It is stated that the Public Interest Litigation was filed by the petitioner, who was earlier an employee of respondent No.12 and removed from service and thereafter, the petitioner has been approaching various authorities by making false allegations against respondent No.12. It is stated that another co-employee of the petitioner, namely, Mr. Sanku Yoganjaneya, who was working as a Lab Technician, was also removed from service of respondent No.12, and these two persons developed grudge against the institution. A writ petition was filed earlier before this Court, registered as W.P.No.4855 of 2019, by making allegations of unauthorized constructions in the premises of respondent No.12. It is stated that when no order was passed on 08.04.2019 in the said writ petition, the present wr