IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 19104 of 2001 BETWEEN: M/s. Sri Vani Electronics Rep By Its Partner Nalla Bharati, W/o N.V.S. Ramachandra Murthy, Office At 27-1-144/C Challapally Bunglow Complex, Governorpet, Vijayawada. ... PETITIONER AND 1 The Government of A.P. Rep By Its Secretary, Home, Secretariat, Hyderabad. 2 The Commissioner of Police, Vijayawada. 3 The Municipal Commissioner, Vijayawada. 4 The Regional Manager, A.P.S.R.T.C., Vijayawada. 5 The Divisional Manager, A.P.S.R.T.C., City, Vijayawada. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to pass order or orders or Direction or Writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in proposing to erect a permanent bus shelter in front of the premises bearing No.27.1.144/c situated at Challapally Bunglow Complex, Eluru Road, Governor pet, Vijayawada as illegal as illegal arbitrary and violates the right to hold property and pass such other order or orders. Counsel for the Petitioner: MR.D.JAIPAL REDDY Counsel for the Respondents 1 & 2: GP FOR HOME Counsel for the Respondent No.3: MR.T.S.VENKATARAMANA The Court made the following: ORDER: Learned counsel for the petitioner submits that the petitioner- ﬁrm constructed a commercial complex in the year 1996 having cellar, ground ﬂoor and ﬁrst ﬂoor with two gates having two shops in front of each gate with a good amount of setback. The shops have been leased out to the tenants, who are dealing in sanitary and wood furniture business and also using part of the shops as godown and at times the leaseholders use trucks for loading and unloading the material. He further submits that there is a hotel known as Swarna Palace to the west of the petitioner’s complex whereat there is a bus stop for local buses and the distance between the premises of the petitioner and the existing bus stop is hardly 50 yards and the said bus stop is in existence for the past more than 20 years. While so, the respondent authorities are attempting to shift the existing bus stop and construct the bus stop in front of the shops of the petitioner premises. Therefore, the petitioner, made a representation to the Regional Manager, APSRTC, Vijayawada, dated 05.09.2001 explaining about the inconvenience that would be caused to the business being run in the shops and that the ingress and egress would be obstructed and closed by reason of shifting the bus stop. 2. None appears either on behalf of the Regional Manager, APSRTC, Vijayawada or on behalf of the Divisional Manager, APSRTC, Vijayawada. 3. Counter has been ﬁled on behalf of the Commissioner of Police, Vijayawada, stating that on 04.09.2001 an article was published in the newspaper with regard to traﬃc congestion at Challapalli Bunglow Centre, Vijayawada and in that view the police personnel conducted a joint inspection with APSRTC authorities, wherein it was noticed that there is a bus stop on the western side of Hotel Swarna Palace and it is a very narrow road of 18 feet and the traﬃc congestion was occurring due to the narrow width of the road and when two or more buses are halted traﬃc jams occur. For easy and free ﬂow of traﬃc and to avoid traﬃc jams, it was suggested to shift the existing bus stop from Sivalayam Road to Karl Marx Road, beside the compound wall of Alankar Tubler Furnitures building. Accordingly, the RTC authorities have shifted the bus stop and erected a bus stop board on 07.09.2001 on Karl Marx Road, then only the petitioner herein constructed an additional gate near the bus stop to show that the bus stop is an obstruction to the leaseholders of the building. It is stated that the bus stop was shifted only to ease out the traﬃc ﬂow at Challapalli Bunglow Cross Roads narrow junction, after a joint inspection of traﬃc police and RTC authorities. So far, no bus shelter has been constructed. 4. It is the case of the respondents 1 and 2 that there would not be any obstruction even if the bus shelter is constructed and the RTC authorities have already applied for construction of bus shelter to the Municipal Commissioner, Vijayawada/third respondent. But the third respondent ﬁled a counter stating that the petitioner is having one shopping complex in the premises bearing D.No.27-1-144/C, Karl Marx Road by the side of Hotel Swarna Palace but it is not known whether there is proposal to construct a bus stop in front of the petitioner’s gate and so far no application has been received from the RTC authorities and no permission has been given. 5. If that be so, I am of the opinion that insofar as the shifting of the bus stop is concerned, the petitioner cannot have any grievance or objection as it is for the traﬃc police and the RTC authorities to select a suitable place for erecting a bus stop keeping in view the free ﬂow of traﬃc. Insofar as the construction of bus shelter is concerned, if any construction is made against any of the provisions of the Hyderabad Municipal Corporation Act and the byelaws therein, it is always open to the petitioner to make a representation/ﬁle objection before the Municipal Commissioner, Vijayawada. However, as the bus shelter is not constructed, I am of the opinion that ﬁling of the writ petition, seeking to declare the action of the respondents in proposing to erect a permanent bus shelter in front of petitioner’s premises, is premature as it cannot be decided in the absence of any sanction, whether such sanction for construction of bus shelter is illegal and arbitrary. The writ petition is accordingly dismissed with a liberty to the petitioner to ﬁle a representation/objection before the Municipal Commissioner, Vijayawada objecting the grant of sanction to erect a permanent bus shelter pointing out the violations in accordance with law. There shall be no order as to costs. _______________ V. ESWARAIAH, J August 25, 2008 DSK