K GOPI CHAND Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) 56 persons in all claiming to be the residents of Govindarajulagutta locality of Girmajipet of Warrangal town have filed this common and joint writ petition, calling in question the validity and legality of the Government Order in G.O. Ms. No. 422, Municipal Administration and Urban Development Department dated 9-7-1993 according permission for change of land use in respect of residential site consisting of two houses bearing Municipal Registration H. No. 8-7-102 and 8-7-96/1 situated at Govindarajulagutta in favour of the 6th respondent in this petition.. This writ petition is filed as a public interest litigation to espouse the cause of the public at large in the said locality.

(2.) In the writ petition it is averred that there is a 60 feet road from Warrangal Railway station to Hanamakonda enroute warrangal Chowrasta, Pochamma Maidan,-MGM Hospital and on the said road there is a small by-lane on the first right side which leads to Sri Govindaraja swamy temple at Girmajipet. The road connecting Sri Govindaraja swamy temple to the station road measures one to two furlongs in length and: width of the said road is between 15'.6

(3.) Sri Narayana Reddy, the learned Counsel for the petitioners firstly contended that the impugned notification came to be issued by the first respondent Government in violation of principles of natural justice inasmuch as the residents of the locality were-not notified and had no knowledge of the application filed by the sixth respondent seeking variation. Secondly, Sri Narayana Reddy contended that the road connecting Sri Govindaraja Swamy temple to the station road is 16 to 20 feet in width whereas on the false and incorrect information submitted by the authorities to the effect that the width of the road is 30 feet, the Government has accorded permission for variation. He would elaborate his contention by saying that the impugned order of the Government is based on a non-existing fact. Thirdly, Sri Narayana Reddy contended that if the impugned order is allowed to stand, it would cause great public injury affecting the interest of the public at large in general and the residents of Govindarajulagutta in particular. For all these reasons Sri Narayana Reddy would maintain that the intervention by this court had become necessary. On the other hand tie learned Government Peader, Sri B. V. Suobaiah, the learned Counsel for the 6th respondent and the learned standing counsel for the 2nd and 3rd respondents would support the action of the Government. They would highlight that the Government Order was issued by the Government after complying with all the requirements of law as provided under the Act and the present writ petition though in the guise of public interest petition is intended to serve as a collateral interest of a person who is. already running a cinema house in the same locality.