THE HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.6039 of 2003 ORDER: 1 This Writ Petition is filed seeking a direction by way of Mandamus to declare the action of the respondents 2 to 4 in demolishing the existing bus shelter at Nidamanuru without any notice to the petitioner as illegal and arbitrary. 2 There is a bus shelter constructed on the road margin abutting to the national highway from Chennai to Kolkata, which is passing through the village limits of Nidamanuru in Krishna District. 3 In this Writ Petition it is the grievance of the petitioner that the said bus shelter was constructed as per the resolution of the gram panchayat and with the donations given by the forefathers of the petitioner and other public spirited persons. It is alleged that though there is an approval for such construction by the gram panchayat, without any authority of law, the respondents 2 to 4 have demolished the same. 4 Though the Writ Petition is of the year 2003, there is no counter affidavit filed by the respondents 1 to 4. However, the fifth respondent who is impleaded as party respondent No.5 in the Writ Petition filed a detailed counter affidavit stating that the bus shelter, which was constructed about 20 years back was causing obstruction for ingress and aggress to his house. As the said construction was made in the land belonging to R & B department, he made a representation dated 27.01.2003 to the Superintendent Engineer, R & B, which was endorsed by the local M.L.A to consider his representation. It is stated that in the said representation he agreed to undertake to bear the entire cost of reconstruction at an alternative site to be shown. Based on the said representation, the Executive Engineer, R & B, Vijayawada made spot inspection on 12.02.2003 and reported that the claim of the fifth respondent is genuine. It is also stated that in view of the expansion of the village limits, the bus shelter, where it is existed, is not convenient to the general public and is not serving the needs of the students going to various places from the road. It is categorically stated that as the father of the fifth respondent exposed the misappropriation committed by the petitioner during his tenure as President of the Primary Agricultural Society, as a politically motivated action the present Writ Petition has been filed by the petitioner. 5 When the matter is taken up for hearing, the learned counsel for the petitioner submitted that as there was an approval from the gram panchayat for construction of the bus shelter, the demolition has taken place without any authority of law. 6 In this case, it is to be seen that the gram panchayat, Nidamanuru is not the petitioner. The petitioner filed this Writ Petition in his individual capacity. From the affidavit filed by the fifth respondent it is clear that he has made a representation to the Superintendent Engineer, R & B stating that the existing bus shelter is causing obstruction for ingress and aggress to his house. Along with the implead petition he has placed on record a copy of the letter dated 15.02.2003 addressed by the Executive Engineer to the Superintendent Engineer R & B Circle, Vijayawada. In the said letter it is stated that the Executive Engineer has inspected the site on 12.02.2003 and has recommended for consideration of the request made by the fifth respondent. 7 It is to be seen that when the bus shelter, which was constructed about 20 years back, is not suitable and when it is represented that it is causing obstruction for ingress and aggress, the fifth respondent made a representation to the authorities, basing on which the bus shelter was removed. At the same time, it is also to be noticed that the fifth respondent has given an undertaking to make the construction at his own cost at the site shown by the respondent authorities, which will be convenient for the public in general. When the request of the fifth respondent was found genuine, it appears that only to settle the political scores, as pleaded in the counter affidavit filed by the fifth respondent, the present Writ Petition has been filed by the petitioner in his individual capacity. In that view of the matter, and in view of the recommendations made by the Executive Engineer, wherein the request of the fifth respondent was reported to be genuine, I do not find any illegality in the action of the respondents 2 to 4 in permitting for such demolition. 8 Accordingly, this Writ Petition is dismissed as devoid of merits. However, it is made clear that it is open to the respondent authorities to take steps for construction of a new bus shelter at the suitable place at the cost of the fifth respondent as per his undertaking. No order as to costs. --------------------------- R.Subhash Reddy, J. 24.11.2011 Kvsn