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2013 DIGILAW 227 (AP)

Tirupathi Subba Rao v. Superintending Engineer Roads and Buildings

2013-03-26

C.V.NAGARJUNA REDDY

body2013
Judgment : This writ petition is a vexatious piece of litigation indulged in by the petitioners even though in W.P.No.23755 of 2011 filed by Konithawada Gram Panchayat Sarpanch, respondent No.5, this Court has unequivocally ruled that the action of respondent Nos.1 to 4 in permitting Navuduru Gram Panchayat to construct a bus shelter in R.S.No.77 of Veeravasaram in front of the existing permanent bus shelter already constructed by respondent No.5 is patently arbitrary and illegal. The narration of the facts in brief would expose the frivolous nature of this case. The road margin portion of Veeravasaram to Penumandra road, vested in Roads and Buildings Department was occupied by certain encroachers. When respondent No.3 has issued eviction notice, the encroachers have filed W.P.Nos.24188 of 2009. The Sarpanch of Navuduru Gram Panchayat filed W.P.No.24232 of 2009. He has questioned the eviction notice on the ground that an old bus shelter is in existence and that if the same is removed, the travelling public will suffer. While dismissing W.P.No.24188 of 2009, granting a month’s time for the petitioners therein to remove the structures belonging to them, this Court has allowed W.P.No.24232 of 2009 by setting aside the eviction notice and permitting respondent No.5 to shift the existing bus shelter to the extreme edge of the road, if any place is made available after removal of the encroachments. Taking advantage of the said order, the said gram panchayat has constructed a new bus shelter on the edge of the road. Feeling aggrieved by this action, respondent No.5 filed W.P.No.23755 of 2011 assailing the action of respondent Nos.1 to 4 in permitting Navuduru Gram Panchayat to construct bus shelter in front of the existing permanent bus shelter constructed by respondent No.5. After a thread bear discussion of the facts in their entirety, this Court opined that Navuduru Gram Panchayat has taken undue advantage of the observations made by this Court in W.P.No.24232 of 2009 and further observed that had the fact of existence of permanent bus shelter constructed by respondent No.5 been brought to the notice of this Court, it would not have given liberty to Navuduru Gram Panchayat for construction of another bus shelter on the edge of the road. Accordingly, while allowing W.P.No.23755 of 2011, a direction was given to respondent Nos.3 to 5 to remove the bus shelter constructed by Navuduru Gram Panchayat. Accordingly, while allowing W.P.No.23755 of 2011, a direction was given to respondent Nos.3 to 5 to remove the bus shelter constructed by Navuduru Gram Panchayat. Liberty, however, was given to the said gram panchayat to relocate the bus shelter at a place away from the existing bus shelter, subject to the Roads and Buildings Department giving permission for such relocation. The above-mentioned order in W.P.No.23755 of 2011 was questioned by one Bollempalli Mallikarjuna Rao, evidently a resident of Navuduru Gram Panchayat in W.A.No.1456 of 2011. A Division Bench of this Court, while dismissing the writ appeal, fully endorsed the view of the learned single Judge with the following observations: “6. In our opinion, there is no occasion to interfere with the expression of opinion of the learned single judge. When there is an existing bus stand, which is being used by transport buses and passengers, there is absolutely no need for another bus stand to be constructed right in front of the existing bus stand so that access to the existing bus stand is blocked. We agree with the learned single judge that this is a waste of public money and from the photographs that have been placed on record, it appears to us that the purpose of constructing a new bus stand has some hidden reason behind it.” Undisputedly, The judgments in W.P.No.24232 of 2009 and W.A.No.1456 of 2009 have attained finality. It is in pursuance of those judgements that the impugned notice was issued for removal of bus shelter by Navuduru Gram Panchayat. The petitioners, who claim to be the residents of Navuduru Village ventured to file the present writ petition and in their affidavit, they have tried to justify the construction of the bus shelter by Navuduru Gram Panchayat. They have described the order dated 22-09-2011 in W.P.No.23755 of 2011 as a result of misinterrepresentation of the order in W.P.No.24232 of 2009. In effect, the petitioners by filing this writ petition sought nullification of the judgments in both W.P.No.24232 of 2009 and W.A.No.1456 of 2011. In my opinion, even though the petitioners are not parties to the above-mentioned two judgments, they are still bound by them. If they feel aggrieved by the said judgments, the only remedy available to them is to question the same by availing the appropriate remedy. In my opinion, even though the petitioners are not parties to the above-mentioned two judgments, they are still bound by them. If they feel aggrieved by the said judgments, the only remedy available to them is to question the same by availing the appropriate remedy. Instead of availing such remedy, the petitioners have filed this writ petition and went to the extent of making unwarranted comments against the judgment of this Court in W.P.No.24232 of 2009 and thereby crossing the limits of decency and propriety. Interestingly in para 11, the petitioners stated that they were advised to file a petition for reviewing the orders in W.P.No.23755 of 2011 or W.A.No.1456 of 2011. However, the learned counsel for the petitioners has not stated that any such petitions have been filed. In the light of the above discussion, I am of the opinion that this writ petition constitutes sheer abuse of process of Court. For indulging in such a frivolous litigation and their recalcitrant conduct, they are saddled with costs of Rs.10,000/- (Rupees ten thousand only) each, payable to the Andhra Pradesh State Legal Services Authority, within one month from today. The Andhra Pradesh State Legal Services Authority shall recover the costs through process of law, if they are not deposited by the petitioners within the prescribed time. Subject to the above observations and direction, the writ petition is dismissed. As a sequel to dismissal of the Writ Petition, the order of status quo, dated 09-04-2012 in W.P.M.P.No.12280 of 2012 shall stand vacated and W.P.M.P.No.12280 of 2012 is dismissed and W.V.M.P.No.2831 of 2012 shall stand disposed of as infructuous.