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2008 Supreme(AP) 120

Andhra Pradesh High Court
C.Y.SOMAYAJULU, J.
Kulli Srinivasa Rao
Versus
Sarpanch,Vaidana Gram Panchayat Vaodama
Prakasam District and others.
Civil Revision Petition No. 22125 of 2002
Decided on 15-02-2008

Advocates:
Advocate Appeared
Counsel for Petitioner: Mr. K.V.subrahmanyanarusu.
Counsel for Respondent No.1: G. Pedda Babu
Counsel for Respondent No.2: G.Murali Mohan
Counsel for Respondent 3 to 5: G.P. for Panchayat Raj

Headnote:Easements Act 1882- Section 4- Elementary right of egress and ingress- Civil suit and not writ petition is proper remedy, in case said right is infringed Petitioner has to establish that proposed construction would interfere with right of ingress and egress into and from his site to main road by filing civil suit which is a more effective alternative remedy - Writ petition dismissed Apprehension of the petitioner that the proposed bus shelter may hamper his business and thereby it would result in loss of his livelihood may be a mere apprehension and may not be true Petitioner has an effective alternative remedy of filing a suit in a civil Court [Para 7]

ORDER:- This writ petition is filed questioning the action of the first respondent-Gram Panchayat in constructing a bus shelter on the Western side of the main road near the hotel being run by the petitioner.

2. The case of the petitioner is that he, an unemployed graduate, purchased Ac.0.40 cents of land abutting R&B road on the Western side under a register sale deed by mortgaging his agricultural land and started a small hotel in the year 2001 and is eking out his livelihood from the income of the hotel. Though there is a bus shelter abutting the R&B road on the Eastern side from 10 years, some persons having considerable political power in the village, and who did not like his starting hotel business, with an intention to cause loss to him asked the Sarpanch to construct a bus shelter opposite to the hotel being run by him and so the bus shelter is being constructed there, which would block his ingress and egress to the hotel, and thereby causing loss to his business completely and thus his only source of livelihood would be lost.

3. On behalf of the first respondent-the Sarpanch of the Gram Panchayat filed his counter affidavit inter alia stating that at the request of the public of the Vaidana village and surrounding villages, the local M.P. agreed to release Rs.1,00,000/- from the MP lads for construction of bus shelter at Vaidana bus stage on the Western side of Medarametla to Narketpalli Highway, whereupon the Panchayat authorities decided to construct a bus shelter and obtained necessary permission from higher authorities. The bus shelter on the Eastern side of the R&B road is at a distance of 200 yards North-East of the petitioner's site and is useful only to the persons going towards Medarametla side. As there is no bus shelter for the public going towards Narketpalli side, the new bus shelter was proposed to be constructed. The averment that the persons having considerable political power in the village did not take kindly to the petitioner starting of the hotel business is not true, similarly the averment that the proposed bus shelter would block the ingress and egress of the petitioner's site and would lead to his closing of the business is not true. Along with his counter affidavit he filed a sketch showing the typography of the roads and the existing bus shelter and the proposed bus shelter.

4. Heard the learned counsel for the petitioner. There is no representation on behalf of the respondents.

5. The contention of the learned counsel for the petitioner is that inasmuch as the proposed bus shelter would block the ingress and egress of the petitioner's site and thereby leading to loss of the source of livelihood of the petitioner and as nobody can be deprived of his right to life and livelihood, petitioner had no other go except to approach this Court. It is his contention that as there is a bus shelter on the opposite side of the road, there is no need or necessity for construction of another bus shelter near the hotel of the petitioner and as the construction of the bus shelter was taken up only at the instance of the persons who have political influence and are opposed to the petitioner, respondents may be restrained from constructing a bus shelter near the hotel of the petitioner.

6. The averment in the counter affidavit filed on behalf of the first respondent that the proposed bus shelter is coming up on the R&B main road between the Medarametla and Narketpalli is not denied or disputed. In the counter affidavit filed on behalf of the first respondent it is stated that the existing bus shelter is serving the needs of the people going towards Medarametla side and as there is no bus shelter for the public going towards Narketpalli side, need for construction of a bus shelter on the other side of the road was felt and at the request of the residents of that village and the neighbouring villages, the MP of the area released funds from the MP lads for c






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