Vajja Venkaiah, v. State Of Andhra Pradesh Rep. By Its Principal Secretary To

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.39170 OF 2012 ORDER:

This writ petition is filed, under Article 226 of the Constitution of India, for the following relief: "to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in deciding a construct bus shelter in the road margin between Darsi-Podili road and the house and shops of petitioners bearing Assessment No.240 situated at Rajampalli village, though alternative government site and old bus stop is available in Survey No.272 of Rajampalli village and another site owner Panidapu Mogaiah was inviting to construct bus shelter in front of his house, as illegal, irregular, irrational, without jurisdiction and violative of Articles 14, 19 and 21 of Constitution of India and also the provisions of Andhra Pradesh Panchayatraj Act, 1994 and consequently direct the respondents not to construct bus shelter on the road margin between Podili-Darsi road and the shops of 2nd petitioner and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstance of the case."

2.

While ordering notice, this Court on 21.12.2012, passed the following order:

"Learned Government Pleader for Roads & Buildings has very rightly drawn my attention to

AVSS,J W.P.39170 of 2012 the provision contained in Section 117 of the Motor Vehicles Act, 1988. It provided for the mechanism for construction of parking place/halting stations for public transport vehicles.

Learned counsel for the petitioners also seeks permission to implead the Regional Transport Authority as well as the District Collector and the Superintending Engineer, R & B Department as respondents to this Writ Petition.

Without following the procedure prescribed in terms of Section 117 of the 1988 Act, the 5th respondent gram panchayat shall not undertake construction of a bus shelter, either right in front of the petitioners' house or elsewhere in the village. Duly following the procedure only, the constructions of the bus shelter be undertaken."

3.

When the matter is taken up today, it is submitted by the learned standing counsel for the Gram Panchayat, Sri G.Seshadri, that pursuant to the above order passed by this Court, the Gram Panchayat addressed a letter to the District Collector vide Rc.No.1/2012, dated 04.01.2013, asking the District Collector to issue necessary orders for allotment of site for construction of bus shelter. It is further submitted by the learned standing counsel that the writ petition can be disposed of in terms of the interim order already passed by this Court.

4.

Recording the said submission, writ petition is disposed of, making the interim order dated 21.12.2012 as final order in the writ petition.

AVSS,J W.P.39170 of 2012 5.

Miscellaneous petitions pending consideration, if any, in the Writ Petition shall stand closed in consequence. No order as to costs.

__________________ A.V.SESHA SAI, J 06.12.2016 SS