WP/12973/2004 of Vangapandu Kranthi, Vs The Regional Manager, APSRTC on 27 December 2007

ORDER:

This is a writ petition filed by the petitioner seeking to declarethe action of the respondents 1 and 2 in constructing the shops withshutters opened towards the road for the purpose of leasing out tothird parties and thereby causing obstruction to their shops as illegaland arbitrary, and consequently, to direct the respondents 1 and 2not to open the shops with shutters on the road side.

It is contended by the petitioner that in front of the RTCComplex and abutting the road his buddy is situated. Therespondents-Corporation is proposing to construct a shoppingcomplex in their site opening to the road. If the shops areconstructed, the petitioner has to remove his buddy and thereby hislivelihood is affected, therefore, he approached this Court seekingthe relief as mentioned above.

The petitioner has not produced any document to showwhether the erection of the buddy by him was authorized by themunicipality and whether it is on the road margin or in the municipalsite. Admittedly, the respondents-Corporation is not constructingany shops in the municipal site. They are proposing to constructshopping complex in their site keeping the shops open towards theroad and if the petitioner was authorized by the municipality, it is forthe municipality to come to his rescue and protect the buddy. Sincethe petitioner has no material to show that he installed the buddyunder any authorization from the municipality and as therespondents are constructing the shopping complex within theirpremises, this Court is not inclined to invoke the extraordinaryjurisdiction and grant any relief of mandamus in favour of thepetitioner. I do not find any merits in the writ petition.

Accordingly, the Writ Petition is dismissed. No order as tocosts.

SKM

__________________27[th] December, 2007