IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No. 26448 of 2006 Between: Hindu College, Guntur, rep. by its Secretary and Correspondent, Guntur, Guntur District. ..... PETITIONER AND 1.Guntur Municipal corp. rep. by its Commissioner, Guntur, Guntur District. 2.State of A.P. rep. by the District Collector, Guntur, Guntur District 3.Ashajyothi Chappal Workers Welfare Society, Vengalarao Nagar, Guntur. Regd.No.180/2003, Represented by its Treasurer, K.Raju, S/o Aggaiah, R/o 7-6-1112, Vengalarao Nagar, Guntur, Guntur 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 to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus to declare that the proposed construction of shops by the respondents in the road margin of Highway abutting the southern boundary of petitioner college and premises is illegal and arbitrary and violative of the rights of the petitioner, and pass such other order or orders. Counsel for the Petitioner: MR.N.SRIRAM MURTHY Counsel for the Respondent No.1: MR.B.VENKATARATNAM Counsel for the Respondent No.2: G.P. FOR REVENUE Counsel for the Respondent No.3: M/s Bodduluri Associates The Court made the following : W.P.No.26448 of 2006 ORDER: This writ petition is filed seeking a Writ of Mandamus declaring the proposed construction of shops by the respondents in the road margin of Highway abutting the southern boundary of petitioner college and premises, as illegal and arbitrary. Heard both sides. On the basis of representation given by the 3rd respondent-society, the 1st respondent-Guntur Municipal Corporation proposed to erect 25 shops at Nandivelugu road, Guntur, along with cobblers and accordingly permission was granted. So far as the place selected by the 3rd respondent for erecting 16 shops is concerned, it is near an Auto stand at Hindu college at Guntur. On an apprehension that the said construction would hamper free movement of the general public and also the buildings in question, the petitioner college filed the present writ petition. In my considered view, the roads are meant for general public and even by no stretch of imagination it can be said that the 1st respondent municipal corporation is trying to erect the 16 shops on the road and the road margin at Hindu college. However, as the petitioner approached this Court making a complaint that the said shops meant for respondent No.3 are going to be constructed in the public road, it is clarified and directed that the 1st repsondent municipal corporation shall proceed with the construction of the said shops meant for un-official respondent No.3 in the open place that is available near Hindu college only, but the 1st respondent corporation shall not erect the said shops/sheds either on the road or road margin. This writ petition is accordingly disposed of. No costs. ______________________________ (GOPALA KRISHNA TAMADA, J) 08-12-2008 Gsn.