The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.13349 of 2011 Date: 26.09.2011 Between: Mekala Bikshamaiah and another ..... Petitioners AND 1.Government of Andhra Pradesh, rep. by its Principal Secretary, R & B Department, Secretariat, Hyderabad and 5 others. .....Respondents Counsel for the Petitioners: Sri Voosa Raghu Counsel for respondent Nos.1, 3 & 4: AGP for Roads and Buildings Counsel for respondent Nos.2, 5 & 6: ----- The Court made the following: Order: This Writ Petition is filed for a Mandamus to declare the inaction of the respondents, in taking action on the various representations of the petitioners for preventing respondent No.6 from parking the lorries and tractors, unauthorisedly, on the public road near FCI Godowns, Saradhi Nagar, Khammam, as illegal and arbitrary. Heard the learned Assistant Government Pleader for Roads and Buildings, representing respondent Nos.1 to 4, and perused the record. Respondent No.4 filed a counter-affidavit wherein it is inter alia stated that the bypass road near FCI godowns connects Khammam - Devarapalli road and Suryapet - Aswaraopeta and its standard width is 100 feet; that the road is not in much use after construction of Road Over Bridge (for short ‘ROB’) at Khammam - Devarapalli road and; that petitioner No.1 has constructed a function hall in the name and style of M.B. Gardens near FCI Godown, Saradhi Nagar, Khammam, on the road side of the old bypass road. It is further averred that there is no sufficient place, for the function hall, for parking vehicles and when petitioner No.1 is also using the road margin for parking the vehicles and erecting decorative pendals during the functions, it is causing inconvenience and hindrance to the passers by and the traffic at large; that the roads and buildings department had issued several notices to the petitioners asking them not to erect decorative pendals in road margin and not to park vehicles in the R&B road during functions. The counter-affidavit stated that necessary steps for stopping parking of sand tractors on road were taken by approaching the District Collector, Revenue Divisional Officer and the Superintendent of Police, Khammam; that on 06-06-2011, notices were issued to M/s.Sand Tractors Owners Association, Old bypass road, Khammam, asking them not to park sand tractors, which is causing inconvenience and damage to the road, and to the petitioners, asking them not to erect the pendals during the functions and not to park the vehicles on the road; that respondent No.4- Executive Engineer (R&B), Khammam, addressed letter, dated 18-06-2011, to respondent No.3- Superintendent Engineer (R&B), Khammam, to initiate action against the sand tractor owners for parking sand tractors, and petitioner No.1, for erecting decorative pendals, on the road and; that some letters were addressed to the Revenue Divisional Officer, Khammam and the District Collector, Khammam. It is further stated that the old bypass road was re-laid in the month of May, 2011 with a view to maintain the same in good condition as it is the only road connecting the entire area under the ROB with the State Highway, Khammam - Devarapalli road and respondent No.4 is approaching the competent authority such as District Collector, Revenue Divisional Officer, Khammam, Superintendent of Police, Khammam and Station House Officer, Khammam, for taking necessary steps and maintaining the road free from parking the sand lorries and other obstructions. The contents of the counter-affidavit referred to above would disclose that not only the members of sand tractors association but also petitioner No.1 is using the road margin for parking the vehicles and also raising pendals during the functions. Respondent No.4 has clearly emphasised the need for maintaining bypass road to ensure smooth flow of traffic as the said road is stated to be the only road connecting the State highway. Having regard to these facts, respondent No.2 is directed to provide the needed assistance and help to respondent Nos.3 and 4 for the purpose of ensuring that the bypass road is not obstructed by parking of vehicles and erection of pendals. Subject to the above direction, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, WPMP.No.16198 of 2011, filed by the petitioners for interim relief, is disposed of as infructuous. ______________________ (C.V.Nagarjuna Reddy, J) 26th September, 2011 LUR