IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.10489 of 2007 Between: 1 Dokku Venkateswara Rao, s/o Raghavulu, 2 Katragadda Vasudeva Satya Prasad, s/o Suryanarayana, 3 Achanta Koteswara Rao, s/o Sivaramaiah, 4 Katragadda Nagaratamma, w/o Suryanarayana, 5 Kasaraneni Ram prasad, s/o Punnaiah, 6 Chennupati Madhusudan Rao, s/o Suryanarayana, 7 Chennupati Sambasiva Rao, s/o Satyanarayana, All are Occ:Agriculture, r/o Vallurupalem, Thotlavallur Mandal, Krishna District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh represented by its Secretary, Roads & Buildings Department, Secretariat, Hyderabad. 2 The Government of Andhra Pradesh represented by its Secretary, irrigation Department, Secretariat, Hyderabad. 3 the District Collector, Krishna at Machilipatnam. 4 The Executive Engineer, Krishna Central Division, Vijayawada, Krishna District. 5 The Mandal Revenue Officer, Thatlavallur Mandal, Krishna District. 6 The Deputy Executive Engineer, Irrigation Department, Vijayawada, Krishna District. .....RESPONDENTS 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 issue an order or writ one in the nature of writ of mandamus, declaring the action of the respondents in permitting heavy loaded vehicles on existing old bridge near Vallurpalem, Thotlavalluru Mandal, Krishna District and not taking action for repairing the bridge as arbitrary, illegal, unjust and unconstitutional and consequently direct the respondents to stop the plying of heavy loaded vehicles on the bridge until repair of the bridge and pass suchother order or orders as this Hon'ble Court deems fit and proper in the interests of justice. Counsel for the Petitioners:SMT.N.SHOBA Counsel for the Respondents: GP FOR ROADS & BUILDINGS The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.10489 of 2007 ORDER: The petitioners, who are seven in number, are residents of Vallurupalem Village, Thotlavallur Mandal in Krishna District. Stately they are agriculturalists. They are aggrieved by inaction of respondent Nos. 4 to 6 in allowing heavily loaded trucks plying on the old bridge in said village. They apprehend that the old bridge which is in a dilapidated condition might fall if heavy vehicles are allowed to ply. This Court while admitting the writ petition granted interim direction on 16.05.2007 directing the respondents to stop plying heavy loaded vehicles on old bridge in the village. Though the matter is appearing at interlocutory stage, it is being disposed of finally as short question is involved. The respondents in the counter-affidavit accompanying W.V.M.P.No.1903 of 2008 made out a case based on the ground position and prayed for vacating the interim order. This Court heard learned counsel for the petitioners and learned Assistant Government Pleader for Irrigation. It is admitted that the bridge in question was constructed in 1936. Explaining hydraulic particulars of the bridge it is stated by fourth respondent in counter affidavit that the condition of the bridge is satisfactory except requiring some repairs. It is further stated that plying of heavy loaded vehicles more than 10T capacity are prohibited and girders are erected on the flood bank to prevent passage of heavy loaded vehicles. It is also the case of the respondents that an amount of Rs.2,00,000/- is required for carrying out repairs and the same was brought to the notice of the District Collector, Krishna, for providing funds. The petitioners have not explained their locus to file a writ petition of this nature. Be that as it is now that the respondents have stated in the counter-affidavit that condition of the bridge is satisfactory and the vehicles of more than 10T capacity have been prevented from plying over the bridge, this Court is not inclined to make any further orders. With the above observations, the writ petition is dismissed. No costs. _____________ (V.V.S.RAO, J) 10th December, 2008 GHN To 1 The Secretary, Government of Andhra Pradesh Roads & Buildings Department, Secretariat, Hyderabad. 2 The Secretary, Government of Andhra Pradesh, Irrigation Department, Secretariat, Hyderabad. 3 The District Collector, Krishna at Machilipatnam. 4 The Executive Engineer, Krishna Central Division, Vijayawada, Krishna District. 5 The Mandal Revenue Officer, Thatlavallur Mandal, Krishna District. 6 The Deputy Executive Engineer, Irrigation Department, Vijayawada, Krishna District. 7 2CCs to G.P for Roads and Buildings, High Court of A.P., Hyderabad. 8 2CD copies Form-NIC-OGS/WP{RS}