SATYAVARAPU APPALARAJU Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) Since common issues arise in both the writ petitions, they are being disposed of together. WPNo.14605 of 1997

(2.) The petitioners in this writ petition are residents of Saluru, which is a Municipality in Vijayanagaram District. In the affidavit filed in support of the writ petition they averred that National High Way No.43 (NH-43) passed through Saluru Town. There is a Church called St. Paul's Luthern Church (4th respondent) situated adjacent to NH-43. Many citizens of Saluru approached NH-43, via Anjaneyaswamy Temple Street. Besides the temple there is a music school on the same street. People going from Anjaneyaswamy Temple Street to NH-43, use a road which is 20 feet wide and 100 feet long (hereinafter called as disputed road). The disputed road is flanked on one side by the Church and on the other side by a business firm by name S.V. Engineering Workshop. Many citizens including the college and school children use the disputed road every day. In Municipal plan the disputed road is marked in Field No.294. On 3.7.1997 citizens of Saluru Town were stopped suddenly from using the disputed road. The persons who put up the barricades across the disputed road claimed themselves to be the agents of the 4th respondent-Church.

(3.) It is farther averred in the affidavit that the 2nd respondent-Municipality was developing the disputed road by laying metal on it. The citizens of Saluru including the petitioners protested against the encroachment of the road and approached the municipal authorities to take action against the 4th respondent-Church. The 2nd respondent-Municipality claimed that a deed of exchange of property had taken place about ten years back. According to the petitioners, Rule 4 of Acquisition of Transfer of Immovable Properties Rules 1967 (for short "the Rules") prohibits municipal councils from alienating any property which costs more than Rs.10,000/- without the previous sanction of the Government. The Saluru Municipality requires wide and more number of roads and lanes and by-lanes which are essential for smooth flow of traffic around the national highway. Alienation of 20 feet road by the 2nd respondent- Municipality is in willful violation of statutory rules and against the public interest. The petitioners sought for a writ of Mandamus to declare the action of the 2nd respondent in alienating the road portion in F.No.294 admeasuring about 236 Sq. yards to the 3rd respondent (wrongly mentioned as 2nd respondent) vide deed dated 19.2.1987 as illegal, arbitrary and unconstitutional. WP No.24265 of 1997