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2011 Supreme(AP) 996

C.V.NAGARJUNA REDDY
Kona Raghupathi – Appellant
Versus
APSRTC, Hyderabad – Respondent


Advocates appeared:
P.S. Rajasekhar for S. Venkateswara &0, Counsel for the Petitioner;
K Saryanarqyana Murtby (SC for APSRTC), Counsel for the Respondent Nos.1to 4.

ORDER :-

This writ petition is filed for a mandamus to declare the action of the respondents in not permitting the petitioner to utilize the 30 feet approach road on the Eastern side of the property leased out to him by the respondents under "Build, Operate and Transfer Scheme" as illegal and arbitrary.

2. The petitioner entered into a "Development, Construction, Operation and Management Agreement" (for short "the Agreement") on 21.6.2006 with the respondent-Corporation, under which an extent of 2139 square meters of land belonging to respondent No.1 and situated at the Bus Station, Bapatla, was handed over to the petitioner for the purpose of construction of petrol outlet and restaurant. Accordingly, the petitioner has constructed the petrol outlet and a building, which is being used as a hotel and convention centre. The petitioner felt aggrieved by the action of the respondents in seeking to prevent him from using the 30 feet road running from South to North abutting the hotel and the convention centre on the Eastern side. According to the petitioner, the 30 feet (10 meters) wide approach road is meant for catering to the needs of the site developed by the petitioner as well as an











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