Betha Gangadhar, v. The District Collector,

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.42077 of 2015 28.12.2015 Between:

Betha Gangadhar and another .. Petitioners and The District Collector, Vizianagaram, and others .. Respondents Counsel for the petitioners: Mr.G.Rama Gopal Counsel for respondent No.1: Assistant Government Pleader for Revenue (AP) Counsel for respondent Nos.2 and 3: Assistant Government Pleader for Agriculture and Marketing Committee (AP) Counsel for respondent No.4: -- The Court made the following:

ORDER:

The petitioners, who are the residents of Srungavarapukota, Vizianagaram District, filed this writ petition, feeling aggrieved by the action of the Marketting Department, headed by respondent No.2, in seeking to construct a complex for market-yard over the property, which includes the road emanating from the Andhra Pradesh State Road Transport Corporation (APSRTC), Visakhapatnam to Araku Valley.

The petitioners averred that if the proposed shopping complex is constructed over the aforesaid road, the same will cause grave inconvenience to the people, who are using the said road to reach the Government Veterinary Hospital for treating their cattle and to those people, who want to reach the burial ground. The petitioners further averred that they have submitted a representation to respondent No.1 ventilating their grievance in this regard and requesting them to stop the proposed construction of shopping complex over the road portion. The learned counsel for the petitioners submitted that his clients will be satisfied if respondent No.1 holds an enquiry, take a decision as to whether the proposal to construct shopping complex over the existing road portion is proper or the same is contrary to the public interest and issues appropriate directions to respondent No.2 depending upon the decision he may take.

As the grievance of the petitioners is innocuous, respondent No.1 is directed to consider their representation, if the same has been received, take an appropriate decision and communicate the same to the former, within a period of one month from the date of receipt of a copy of this order.

Subject to the above directions, the Writ Petition is disposed of.

As a sequel to disposal of the writ petition, W.P.M.P.Nos.54263 and 54264 of 2015 filed by the petitioners for interim reliefs shall stand disposed of as infructuous.

______________________________ C.V.NAGARJUNA REDDY, J 28th December, 2015 GHN