IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 6112 of 2002 Between: 1 Gurrala Laxmi Narasamma W/o.Kotiratnam R/o.Krishna Nagar, Ring Raod, Guntur. 2 Kolakaluri Samuel S/o.Joseph R/o.Krishna Nagar, Ring Raod, Guntur. 3 N.Paul Raj S/o.Krishna Murthy Opp: Swamy Theatre, R/o.Krishna Nagar, Ring Raod, Guntur. ..... PETITIONER(S) AND Guntur Municipal Corporation, Rep.by its Executive Authority Commissioner Guntur. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to direct the respondent not to make constructions of any shops in the Northern side of Ring Road opposite to Swamy Theatre in Guntur declaring that any such construction by it is contrary to law and arbitrary and illegal and impermissible and in violation of the rights of the petitioners and Art.14 of the Constitution of India and provisions of the Corporation Act by issuing a Writ of Mandamus or any other appropriate writ order or direction as this Hon'ble Court deem just and proper in the circumstances of the case. Counsel for the Petitioner:MR.M.SRINIVASA RAO Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION No. 6112 of 2002 ORDER: In this writ petition, the petitioners seek a direction to the respondent-Municipal Corporation not to make construction of shops on the northern side of the Ring Road opposite to Swamy Theatre, Guntur, and to declare that any constructions made by it as arbitrary and illegal. There is no representation either on behalf of the petitioner or on behalf of the respondent-Corporation. It is the case of the petitioners that they are the residents of Krishna Nagar, Guntur District, and a Ring Road was constructed decades back to meet the growing needs of traffic in future. It is their grievance that the respondent-Corporation is proposing to construct shops on the northern side of the Ring Road and if the said constructions are allowed to be carried on, it would cause inconvenience to the residents of the locality, like the petitioners herein. Counter affidavit is filed by the Commissioner of the respondent-Corporation. While denying several allegations made by the petitioners, in para 4 of the counter affidavit, it is stated that 25 feet road was allowed to the petitioners for free access to their houses. It is further stated that Rythu bazaar was constructed by the State Government and in the same alignment, the proposed constructions are planned, which are intended to be constructed, for public usage. In view of the averments made in the counter affidavit, it is clear that constructions are not being made on the road margin and are being made in the alignment of Rythu bazaar, which has been constructed by the Government. In that view of the matter, I do not find any illegality in the proposed constructions so as to grant relief as sought for by the petitioners. The writ petition is devoid of merits and is accordingly dismissed. ______________________ R.SUBHASH REDDY,J Dt:21.04.2009 usd