Telangana High Court
WP/17598/2004 of A.Subba Rao, Vs The Executive Engineer, on 29 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 17598 of 2004 Between: 1.A.Subba Rao, S/o Seshaiah, R/o Mandalapalli, Dammapeta
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY NINETH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE GODA RAGHURAM
WRIT PETITION NO : 17598 of 2004
Between:
1.A.Subba Rao, S/o Seshaiah,
R/o Mandalapalli, Dammapeta Mandalam, Khammam District
2.T.V.Srinivasa Rao, S/o Rama Rao,
R/o Sathupalli, Khammam District
3.Sk.Subhani, S/o Babji, R/o Mandalapalli, Dammapeta Mandalam, Khammam District
4.G.Pulla Rao, S/o Satyam,
R/o Mandalapalli, Dammapeta Mandalam, Khammam District
..... PETITIONERS
AND
1. The Executive Engineer, Road & Buildings (A.P.S.H.P.-7),Jangareddigudem, West Godavari DistrictJangareddigudem, West Godavari District
2. R.Jogeswara Rao, s/o Satyanarayana, 23 yrs., R/o Satyanarayanapalem,Dammapet Mandal, Khammam District.Dammapet Mandal, Khammam District.
3. P.Veerabhadra Rao, S/o Ramaiah, 50 yrs., R/o Mandalapalli, DammapetMandal, Khammam District.Mandal, Khammam District.
4. Syd Shaffi, S/o Rahimtullah, 25 yrs., R/o Mandalapalli, DammapetaMandal, Khammam District.Mandal, Khammam District.
(RR 2 to 4 impleaded as per Court Order dated 14.12.2004 in W.P.M.P.No.27055 of2004)
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent in initiating steps to closeor restore the openings made to the road divider between Mandalapalli centre andout skirts of Mandalapalli towards Sathupalli of State High Way No.7 with outconsidering the representation dated 15-09-2004 of the petitioner is illegal, arbitrary,erroneous, highhanded and unconstitutional and consequently direct the respondentnot to close the openings made to the road divider between Mandalapalli centre andout skirts of Mandalapalli towards Sathupalli on State High Way No.7.
Counsel for the Petitioners: MR.Y.V.RAVI PRASADCounsel for the Respondent No.1: GP FOR ROADS & BUILDINGSCounsel for the Respondent Nos.2 to 4: MR.V.V.N.NARAYANA RAO
The Court made the following:
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ORDER:
The petitioners claim to be the residents of Mandalapalli andSathupalli villages in Dammapeta Mandal, Khammam District. Theyalso claim to be running petty businesses by establishing shops oneither side of the State High Way Road No.7 connecting Dhevarapalliand Thallada villages. The respondent as part of the maintenance ofthe State High Way, in the stretch connecting Dhevarapalli andThallada villages via Mandalapalli and Sathupalli has laid roaddividers in the middle of the State High Way for the entire stretchcovering the villages. As this road divider does not have intermittentbreaks, the petitioners claim, they are finding it difficult to cross theState High Way at frequent intervals to pursue their commercialactivities. They also assert that the absence of breaks in the roaddivider at reasonable intervals causes inconvenience to the generalpublic to visit the petitioners’ shops. In substance, the writ petition isfiled for a direction to the respondent to provide breaks in the roaddivider between Mandalapalli center and outskirts of Mandalapalli,towards Sathupalli State High Way No.7, in accordance with therepresentation of the petitioners, dated 15.09.2004.
Laying of road dividers on State High Way subserves a vital andcompelling governmental interest, namely, ensuring safety on theState High Way. The private interest of the petitioners for highercommercial traffic for their shops adjacent to the State High Way issub servient to the compelling governmental interest. The petitioners’
interest must, thus, yield to the compelling public and governmentalinterests. The petitioners have no case and there is no merit in thewrit petition. Accordingly, the writ petition is dismissed. No costs.
VGB
_______________
29.12.2004
To
1. The Executive Engineer, Road & Buildings (A.P.S.H.P.-7),Jangareddigudem, West Godavari DistrictJangareddigudem, West Godavari District
2. 2CCs to the Government Pleader for Roads and Buildings, High CourtBuildings, Hyderabad (OUT)Buildings, Hyderabad (OUT)
3. 2CD copies