THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Petition No.288 of 2009
DATED:17.11.2014 Between:
Maddadi Laxmaiah, R/o. Chilakaluripeta, Guntur District and others.
… Petitioners And Government of India, Road, Transports Highways, New Delhi and others.
….Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Petition No.288 of 2009
Order: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
This writ petition is of the year 2009. The writ petition is filed asking the reliefs, as set out hereunder.
“To issue a writ order or order more specially one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in not disposing of the representation dated 19-10-2007 forwarded in a right perspective vide letter DO No. NHA1/12013/2005/VIP/Tech/GM/CH-I/84, dated 15-10- 2008 of the 2nd respondent as arbitrary, illegal, capricious and violation of principles of natural justice and the rights guaranteed under the Constitution and consequentially declare that the 2nd respondent cannot reject the request of the citizen of the Chilakaluripet area of Guntur District on the ground of contractual complications and consequentially direct the respondents to lay by-pass road, starting from Timmapuram (4 Km to the North of Chilakaluripet) and joins with NH5 near Tatapudi/Murikipudi road (about 5 km to South of Chilakaluripet) and consequentially direct the respondents not to lay a six way line on NH 5 passing through Timmapuram, Ganapavaram and Chilakaluripet Municipality as it goes against the interest of people of the said area as it is arbitrary, illegal, capricious and violation of principles of natural justice and the rights guaranteed under the constitution and pass such other order.”
So far as the first relief of consideration of representation of the petitioners is considered, we are of the view that there is no law that any representation and every representation made by any person or busy body should be considered by the authorities. Further, the petitioners have not been able to state under which law, such relief is to be granted.
As far as the laying of road and alignment is concerned, it is the subject matter of the expert bodies and it is for the expert bodies to take a decision to lay a road with particular alignment. No one can question that unless it is absolutely mala fide or violative of the provisions of the law. No such case has been made out in the instant writ petition.
Therefore, we dismiss the writ petition. Consequently, the Miscellaneous petitions, if any, pending shall also stand closed. No costs.
K.J. SENGUPTA, CJ 17th November, 2014 Pnb SANJAY KUMAR, J