HON’BLE Mr. JUSTICE R. SUBHASH REDDY Writ Petition No.236 of 2003 Order: Petitioners, transport companies, which are having their offices at Nallagutta, Secunderabad, filed this writ petition seeking Mandamus declaring the action of the respondents in erecting iron barriers/girders on the streets leading from M.G. Road, by the side of Chitrani Theater, to Ramgopalpet as illegal and arbitrary. 2. In the affidavit filed in support of the writ petition, it is stated that petitioners are engaged in transport business, having established their offices, in Ramgopalpet area, Nallagutta, Secunderabad. It is stated that though they possess the requisite trade licence granted by the first respondent, only at the instance of the local residents who have developed their properties, the respondents have erected iron barriers, prohibiting their vehicles into the lanes where their offices are situated. It is the case of the petitioners that erecting such iron barriers and preventing their vehicles, which carry goods, is illegal; as such, they seek directions to the respondents to remove the said iron barriers/girders. 3. Though the first respondent-Municipal Corporation has not filed counter affidavit, a counter affidavit is filed by the second respondent, Deputy Commissioner of Police, Traffic, Hyderabad, stating that basically Nallagutta is a residential area. It is stated that the petitioners, having opened their offices in the said area, are plying hundreds of lorries, day and night, and causing disturbance to the residents. It is also stated that in addition to residential houses, there are about seven schools with strength of six to seven thousand students and a hospital with 70 to 80 beds in the said locality. It is stated that the petitioners and other transport operators are parking their vehicles abutting the compound wall of the schools and the hospital, causing hindrance to the general traffic movement and also the safety of school-going children and patients; thus, in order to ensure the safety of school-going children and patients, iron girders have been erected by the Municipal Corporation of Hyderabad to restrain the movement of heavy lorries and other heavy goods vehicles from the schools and hospital side. It is further stated that the vehicles of the petitioners and other transport operators can enter and exit from Mahatma Gandhi Road, which is an alternative road, other than the road situated by the side of the schools and hospital. It is stated that girders have been erected only on the schools and hospital road. In the counter affidavit, reference is also made to the restrictions imposed vide notification No.Tr.T4/3706/1997 dated 30-12-1997 issued by the Commissioner of Police, Hyderabad, in exercise of powers under Section 21(1)(b) of Hyderabad City Police Act. 4. I have heard learned counsel for petitioners and the learned Standing Counsel appearing for the first respondent. 5. It is submitted by learned counsel for petitioners that there is no reason or justification for erecting iron barriers/girders, inconveniencing the petitioners who are doing business of transport. It is submitted that as they are given trade licences the action of the respondents in preventing their vehicles to operate freely is illegal. 6. On the other hand, it is submitted by the learned Standing Counsel appearing for the first respondent that in view of the provision under Section 379 of the Hyderabad Municipal Corporation Act, 1955, the Commissioner is empowered to prohibit vehicular traffic in any public streets vested in the Corporation so as to prevent danger, obstruction or inconvenience to the public by fixing up posts at both ends of such street or portion of such street. 7. Though it is the case of the petitioners that such barriers/girders are erected only at the instance of local residents who have developed their properties, no material is placed before this court in support of their case. Further, from the counter affidavit filed by the second respondent, it is clear that the area in question is a predominantly residential area having schools and hospitals. It is to be seen that in view of the power conferred on the Commissioner, Municipal Corporation of Hyderabad under Section 379 of the Hyderabad Municipal Corporation Act, 1955, it is always for the respondents to put barriers/girders to regulate traffic in any public street so as to prevent danger, obstruction or inconvenience to the public. Moreover, it is categorically stated in the counter affidavit filed by the second respondent, Deputy Commissioner, Traffic, Hyderabad, that the petitioners, having opened their offices in the said area, are plying hundreds of lorries, day and night, and causing disturbance to the residents. It is also stated that in addition to residential houses, there are about seven schools with strength of six to seven thousand students and a hospital with 70 to 80 beds in the said locality and to ensure safety of school-going children and patients, the iron barriers/girders have been erected. When the area in question is predominantly a residential one and there are many schools and hospital therein, it is obligatory on the part of the respondents to take such steps for safeguarding the interests of the school-going children, patients and general public. It is also evident from the counter affidavit filed by the second respondent that the vehicles of the petitioners and other transport operators can enter and exit from Mahatma Gandhi Road, which is an alternative road, other than the road situated by the side of the schools and hospital. In these circumstances, I do not find any illegality in the action of the respondents in erecting iron barriers/girders in the streets in question. 8. The writ petition is liable to be dismissed and is accordingly dismissed. No order as to costs. _____________________ R. SUBHASH REDDY, J. June 17, 2009 MRR