THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.6241 of 2006 Date: 03.03.2011 Between : Jaggaiahpeta Silver, Gold stones Vartakula Sankshema Sangam, Muktyala Road, Jaggaiahpeta, Krishna District, rep.by its Secretary. .… Petitioner and Government of A.P., Rep.by its Principal Secretary, Municipal Administration, Secretariat, Hyderabad and others. …. Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.6241 of 2006 ORDER : The Petitioner-Association, consisting of the owners of Silver and Gold Stones Merchants situated at Muktyala Road, Jaggaiahpet, Krishna District as its Members, has filed this writ petition apprehending demolition of their shops contrary to the resolution dated 15.2.2006 passed by Jaggaiahpeta Municipality, as arbitrary and illegal and consequently seeking a direction to the respondents to widen the road as per the said resolution. 2. It appears that the State Government has passed orders in G.O.Ms.No.265, M.A., dated 14.5.2003, approving a Master Plan proposing to widen the Balusupadu road from Municipal Office to Chinna Yeru Bridge and Muktyala Road upto Williampet to a width of 60’. The existing width of the said road is 25’ to 30’. While so, Jaggaiahpet Municipality has passed a resolution in C.R.No.325, dated 14.12.2005, resolving to restrict the widening of Muktyala and Balusupadu roads from 60’ to 40’. It is stated that the said resolution was passed at the request of the owners of the shops and the members of the Petitioner-Association who have voluntarily agreed and expressed their readiness to handover the land coming within 40’ width, including the drainage, while protecting the shops that are located beyond 40’. Since the respondents persisted to widen the road contrary to the said resolution of the Municipality, the Petitioner-Association has filed this writ petition for the aforesaid relief. 3. Heard Sri Palle Nageswar Rao, learned counsel appearing for the Petitioner-Association as well as the learned Government Pleader for Municipal Administration appearing for respondent Nos.1 and 2, learned Government Pleader for Revenue appearing for respondent Nos.3 and 4, Sri S.Nageswara Reddy, learned Standing Counsel appearing for respondent No.5 and the learned Government Pleader for Roads and Buildings appearing for respondent No.6. 4. Learned counsel for the Petitioner-Association, while reiterating the aforesaid facts, would submit that the Petitioner Association has no objection to widen the road upto 40’ width and so far as widening of the road beyond 40’ width is concerned, as the things stand now, the same is not required for the present. Therefore, the members of the Petitioner-Association will not obstruct for widening the road upto 40’ width. 5. On the other hand, learned Government Pleader for Roads and Buildings would submit that the road has to be widened upto 60’ as per the Master Plan approved in G.O.Ms.No.265, M.A., dated 14.5.2003 and the said work would be undertaken as and when necessary in future. 6. The 5th respondent-Jaggaiahpeta Municipality has filed a counter affidavit admitting the fact that the Municipality has passed a resolution vide C.R.No.325, dated 14.12.2005, restricting widening of the road from 60’ to 40’ and that the Municipality has not proposed nor threatened to demolish the shops of the Petitioner-Association and that it did not intend to act contrary to its resolution. It is also stated that the Municipality is proposing to demolish the structures only upto 40’. 7. From the aforesaid facts, it is evident that the 5th respondent Municipality has resolved to restrict widening of the road upto 40’ width only, for which the Petitioner-Association also has no objection, therefore, it cannot be said that the Petitioner-Association has any grievance. So far as the Master Plan approved in G.O.Ms.No.265, M.A., dated 14.5.2003 is concerned, as the same has not been challenged in this writ petition, no relief can be granted in the present writ petition and it is open for the Petitioner-Association to challenge the said G.O., if it so desires. 8. In the circumstances, since the grievance of the Petitioner-Association has been met by virtue of the statement of the 5th respondent Municipality that it is not going to widen to road beyond 40’ width, placing the said statement on record, the writ petition is disposed of. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 03.03.2011. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.6241 of 2006 03.03.2011 (Msr)