IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.10381 of 2005 Between: Vasantha Swamy, S/o. hanumanthu, R/o.Nandinne Vill, Gattu Mandal, Mahaboobnagar District. ..... PETITIONER AND 1 The Sarpanch, Nandinne gram Panchayat, Nandinne (V), Mahaboobnagar District. 2 The Divisinal Panchayat Officer, Mahaboobnagar, Mahaboobnagar District. 3 The Mandal Parishant Developmetn Officer, Gattu, Gattu Mandal, Mahaboobnagar 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 a writ,order or directionmor eparticualrly one inthenatureof writ of Mandamus deirecting the Respondent herein to complete the bus Shelter work immediately in the proposed site in Nandinne Village,Gattu mandal, by initiating measures udner Sections 95 to 100 of A.P. Panchayat Raj Act, 1994, if necessary, and pass such other order or orders. Counsel for the Petitioner:MR.S.VENKATESWARA REDDY Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : ORDER: This writ petition is filed seeking a writ of Mandamus directing the respondents to construct a bus-shelter immediately in the proposed site in Nandinne Village, Gattu Mandal, Mahaboobnagar District, by initiating measures under Sections 95 to 100 of A.P. Panchayat Raj Act, 1994, if necessary. The petitioner is a resident of Nandinne village, Gattu Mandal, Manahoobnagar District. According to him, the village is situated between Gadwal in A.P. State and Raichur in Karnataka State. In the said village, on every Friday weekly shandy will be held. There are nearly 10 to 15 villages around Nandinne village. Since there is Primary Agricultural Co-operative Society, Government High School and Primary Health Centre in Nandinne village students, patients and other people of the above villages visit Nandinne village for their personal works. According to the petitioner there is no bus-shelter in the village. Due to lack of bus-shelter, commuters are suffering a lot by standing in sun and rain. Nearly 15 buses are operated by the A.P.S.R.T.C., Karnataka State R.T.C. and other private operators to cater the needs of the traveling public. Therefore, the villagers requested the respondents to construct a bus-shelter in the village. In turn the first respondent moved resolution on 09-01-2002 in the Gram Panchayat for constructing bus-shelter at Nandinne, in the Gram Panchayat site and forwarded a copy of the same to third respondent requesting him to allot funds for construction of bus-shelter along with an approved plan of the bus-shelter. Further the third respondent also sanctioned an amount of Rs.39,500/- under SGRY-II scheme in the year 2003-04, which was lapsed on account of illegal occupation of the site by one Jagadeeshwara Goud and others. On a complaint, dated 07-01-2002 made by the first respondent, the second respondent through his letter, dated 09-01-2002 informed the first respondent that the first respondent has powers under Section 100 of Panchayat Raj Act, 1994, to remove the illegal constructions by giving notice personally, that if the person refused to remove the illegal construction by himself, the first respondent by taking Police aid can remove the illegal construction. Subsequently, the third respondent again sanctioned funds for construction of the bus-shelter in the year 2004-05, after eviction of the said Jagadeeshwara Goud by the first respondent from the site selected for construction of the bus-shelter. Unfortunately, now again, the site is occupied by some other people and the first respondent made compliant on 20-09-2004 to the second respondent about the illegal encroachment of the bus-shelter site by the said persons. However, the same position was informed to the first respondent by the second respondent through his letter, dated 04-10- 2004. Now the grievance of the petitioner is that no bus-shelter is being constructed nor the illegal occupants were evicted. No counter is filed. In the facts and circumstances of the case, I am of the opinion that once the land is earmarked for bus-shelter, it is the duty of respondents 2 and 3 to take care of the situation and get the illegal occupants vacated from the lands and construct a bus-shelter for the traveling public which is one of the statutory obligations on the respondents. Bus-shelter in a village like this appears to be very essential and therefore, the respondents are directed to take immediate action for taking possession of the site and construction of bus-shelter for the benefit of the villagers. The respondents shall complete this exercise within a period of six (6) months from the date of receipt of a copy of this order. The Writ Petition is accordingly disposed of. There shall be no order as to costs. C.V. RAMULU, J Dated 9th July, 2009 pn/ksh HON'BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.10381 of 2005 9th July, 2009