IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 9092 of 2008 Between: The Intellectuals Forum, Tirupati, (Regd. No.157 of 1992) Rep. by its President K. Srinivas Reddy s/o. K. Ranga Reddy R/o.6-1-224, Srisadan, III Cross, Vardarajanagar, K.T. Road, Tirupathi- 517507, Andhra Pradesh. ..... PETITIONER AND 1 State of Andhra Pradesh Rep. by Principal Secretary to Govt., Municipal Administration and Urban Development (H2) Department. 2 The District Collector, Chittor, Chittoor District. 3 The Vice Chairman, Tirupathi Urban Development Authority, Tirupathi, Chittor District. 4 Special Tahsildar (L.A.), T.U.D.A., Tirupathi, Chittoor District. 5 The Executive Officer, Tirumala Tirupati Devastanams, Tirupathi. 6 Tirupathi Municipality, Rep. by its Commissioner, Tirupathi. 7 A. Nagaraju Charyulu S/o. A. Jagannatha Charyulu, R/o. Hanumantharaya swamy Temple, H.No.18-1-500, Bhavani Nagar, K.T.Road, Tirupathi. .....RESPONDENT(S) 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 a writ or direction more particularly in the nature of writ of Mandamus declaring the actions/inactions on part of the Respondents 1 to 6 in not widening of Kaila Theerdham Road, Tirupathi to provide smooth, efficient, free flow of traffic to the pilgrims of Tirumala and to the public of Tirupathi town by not removing the encroachments on the existing road and withdrawing the acquisition of sites and structures in the draft declaration under Sec.6 of the Land Acquistion Act dated 08.10.1996 on the K.T.Road, Tirupathi and issuing G.O.Ms.No.372, M.A. dt. 13.09.2004 withdrawing the acquistion of 871 sft. in Sy.No.462/1 at Tirupathi as whimsical, against law, violation of constitutinal and legal rights of the public at large and consequently direct the Official Respondents 1 to 6 to take appropriate steps for widening of Kapila Theerdham Road to the extent of 60' feet width without any loss of time by removing the encroachments including 28' ft encroachment of road by the 7th Respondent in the interest of justice and fair play and pass Counsel for the Petitioner:MR.B.VENKAT RAMA RAO Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : THE HON’BLE SRI JUSTICE D.S.R. VARMA AND THE HON’BLE MS. JUSTICE G. ROHINI. Writ Petition No.9092 OF 2008 Oral Order: (per D.S.R.Varma, J) Heard Sri B.Venkat Rama Rao, learned Counsel appearing for petitioner-The Intellectuals Forum, Tirupati; the learned Government Pleader for Municipal Administration and Urban Development appearing for respondents 1 and 2; Sri P.Ganga Rami Reddy, learned Counsel appearing for respondents 3 and 4- Tirupathi Urban Development Authority (TUDA); Sri J.Prabhakar Rao, learned Counsel, representing Sri A.K.Jayaprakash Rao, learned Standing Counsel for respondent No.5-Tirumala Tirupati Development (TTD); and Sri S.I.Newton, learned Counsel appearing for respondent No.6-Tirupati Municipality. 2. This writ petition is filed in the nature of a public interest litigation, questioning the action/inaction on the part of respondents 1 to 6 in not widening of Kapila Theerdham Road, Tirupati to provide smooth, efficient, free flow of traffic to the pilgrims of Tirumala and to the public of Tirupati town by not removing the encroachments on the existing road and withdrawing the acquisition of sites and structures in the draft declaration under Section 6 of the Land Acquisition Act, dated 08-10-1996 on KT Road, Tirupati and issuing G.O.Ms.No.372, M.A., dated 13-9-2004 withdrawing the acquisition of 871 square feet of site in Survey no.462/1 at Tirupati as whimsical, contrary to law and violative of constitutional and legal rights of the public at large and consequently, direct the official respondents 1 to 6 to take appropriate steps for widening of Kapila Theerdham Road to the extent of 60 feet width without any loss of time by removing the encroachments including 28 feet encroachment of road by respondent No.7 in the interest of justice and fair play and pass such other order or orders as this Court may deem fit and proper in the facts and circumstances of the case. 3. From a reading of the affidavit filed in support of the writ petition, it appears that the core issue being ventilated before this Court is that there is some inaction on the part of the TTD in not widening Kapila Theerdham Road to provide smooth and free flow of traffic to pilgrims and to the public at large. Incidentally, the petitioner-Forum is also challenging the action of withdrawing the acquisition of 871 square feet of site in Survey No.462/1 at Tirupati. 4. In fact, there is no clear-cut nexus made out between the inaction on the part of the TTD in not widening Kapila Theerdham Road and widening 871 square feet of site in Survey No.462/1. Even if there is any connection between these two issues, the same is rather incomprehensible. 5. The learned Counsel for petitioner-Forum stated that the TTD has not been taking action since 1996 in terms of doing something with regard to the widening of Kapila Theerdham Road. 6. We are rather surprised to know as to what had happened for the petitioner- Forum in all these years. 7. In this connection, it is to be seen that the petitioner-Forum came into existence at a later point of time after 1996. Even then, there is much gap between the dates of creation of the Forum till today. 8. As a matter of fact, these grievances can as well be placed before the TTD itself through the competent authority belonging to the TTD and in turn, the concerned authorities of the TTD would have hopefully done something. But, instead of bringing the matter to the notice of the TTD, straight away the present writ petition has been filed in the nature of public interest litigation. When certain things can be solved somewhere else, interference of the Courts need not be sought. 9. Further, Sri J.Prabhakar Rao, learned Counsel, representing the TTD, stated that all necessary steps would be pondered over and necessary action would be taken up keeping in view the said representation of the learned Counsel appearing for petitioner-Forum. 10. With the above observation, the writ petition is disposed of, at the stage of admission. No costs. 1 ______________________ JUSTICE D.S.R. VARMA ____________________________ JUSTICE G.ROHINI 02nd May, 2008. Isl ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN}