APHC010231682025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) Monday, the first day of September The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No: 3 Between: The Revenue Colony Welfare Association The State of Andhra Pradesh and o Counsel for the Petitioner: 1. Madhavarao Nalluri Counsel for the Respondent 1. G.P.for Agriculture 2. Gangisetty Rajeswara Rao, Standing Counsel for Agricultural Marketing Committees The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Monday, the first day of September two thousand and twenty five Present The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No: 35768 of 2022 The Revenue Colony Welfare Association … Petitioner and he State of Andhra Pradesh and others … Respondents Counsel for the Petitioner: Madhavarao Nalluri Counsel for the Respondents: Gangisetty Rajeswara Rao, Standing Counsel for Agricultural Marketing Committees The Court made the following: [3311] two thousand and twenty five … Petitioner er … Respondents Gangisetty Rajeswara Rao, Standing Counsel for Agricultural 2 W.P.No.35768 of 2022 O R D E R: This writ petition is filed under Article 226 of the Constitution of India to issue an appropriate Writ, order or direction more particularly in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in trying to open the gate near transco transformer so as to pass their vehicles through northern road of the residential Revenue Colony, Kurnool, to enter into vegetable market yard and there by removing iron bars erected as illegal, arbitrary and violation of Art 14 and 21 of the Constitution of India and consequently direct the respondents not to open the gate so as to pass the 2nd respondent’s vehicles through any roads of the Revenue Colony, behind the market yard, Kurnool, Kurnool District which may lead to removal of iron bars already erected on both sides of the colony. 2. The case of the writ petitioner is briefly as follows: About 150 persons are residing in the Revenue Colony, behind the market yard, Kurnool for the past 50 years by constructing pucca houses after the approval. There are roads with a width of 30 feet, one on the northern side and the other on the southern side of the colony, formed by the writ petitioner and handed over to the municipality for maintenance. Due to movement of heavy vehicles, apprehending danger etc. to the residents of the colony, they represented to the District Collector on 21.02.2000. Then, the District Collector directed the Revenue Divisional Officer, Kurnool to inspect the locality and to install iron bars if necessary, so as to allow only small vehicles through the colony. After conducting an inspection, a meeting was held on 26.02.2000 by the respondent No.2 with the residents of the colony in the office of the respondent No.3 and recorded the minutes of the meeting vide Rc.C-/262/2000 dated 26.02.2000, basing on which the 3 W.P.No.35768 of 2022 District Collector issued proceeding No.Rc.C1-421/M/2000 dated 28.02.2000 directing the respondent No.2 to oversee that the market gates are opened separately and not to allow the vehicles to the market passing through the roads in the colony as per the terms agreed by the Secretary of the writ petitioner. The respondent No.2 informed the District Collector, through proceedings No.246/2000 dated 30.05.2000, that the movement of heavy vehicles was diverted to the approach road existing between the agricultural market yard and the vegetable market yard and the movement of the heavy vehicles was not allowed through the roads in the revenue colony. As per the order of the District Collector, vide proceedings No.Rc.421/M/2000 dated 28.02.2000, iron bars were erected on both sides of the roads in the colony to allow movement of only small vehicles. b) But, during February, 2015, the market committee started arrangements to open a gate near the Transco transformer for vehicular traffic from the vegetable market yard to pass through the northern side road of the revenue colony, against the order of the District Collector and the Revenue Divisional Officer, Kurnool. On 23.02.2015, the writ petitioner represented to the respondent No.2 to drop the proposal, but they continued with their efforts to open the gate. Hence, the writ petitioner filed W.P.No.5123 of 2015 wherein this Court, on 03.03.2015, directed the respondents to take action on the representation of the residents of the colony dated 23.02.2015 before taking any action. The order was implemented. Again, during February, 2017, the market authorities made attempts to remove the iron bars which are meant for prohibiting movement of heavy vehicles. Therefore, the residents again filed W.P.No.3756 of 2017 which was closed on 03.02.2017 recording the submission made by the Standing Counsel for the Market Committee that no such attempts had been made. Again, during June, 4 W.P.No.35768 of 2022 2022, the Market Committee tried to open a gate near the transformer for the vehicular movement through the northern side road of the colony to allow the vehicles into the vegetable market by removing iron bars. It was also published in the newspaper dated 15.06.2022. The proposed action is against the representation made in W.P.No.3756 of 2017. On 17.06.2022, the residents made a representation to the respondent No.2 to drop the proposal of opening the gate, but there is no response from the Market Committee and on the other hand, the Committee continued with its efforts to open the gate. c) As per the plan of the Market Yard, there is a provision for only two gates viz., on eastern side of the market yard adjoining the P.V.Narasimharao Nagar. These gates should be opened. There is also a road on western side from U.Con Plaza (before R.T.C. bus stand) to the vegetable market yard with a gate already opened to pass vehicles into the vegetable market yard. Further, there are gates existing in the northern compound wall of the vegetable market yard. Without utilizing these alternate existing gates and the provision for gates, the authorities to the market yard are making arrangements to open a new gate to allow the vehicular movement through the roads in the revenue colony. As such, the residents made a representation to the respondent No.4 on 22.09.2022 as it is a competent authority with regard to the affairs of the Agricultural Market Committee. Even then, since the efforts are continued, this writ petition was filed. 3. The respondent No.2 filed counter-affidavit with the averments briefly as follows: Due to erection of new gate in the south-east corner, there is no scope for entry of vehicles in the revenue colony road towards south and north. An action was initiated to erect south-east corner gate for 5 W.P.No.35768 of 2022 outgoing vehicles with interest to serve the farmers and the residents of Revenue Colony. The only intention of the market committee is to overcome the traffic issues and to provide better facilities to the farmers. Hence, though the market yard established one gate in the new market yard on western side, the vehicles have to pass through the Ucon Plaza which is opposite to entry gate of R.T.C. bus stand. The proposed western side route is very busy with two wheeler parking and general public, creating traffic jam in front of the R.T.C. bus entry gate. The erection of gate in north-east corner is not feasible. Though there is a gate at south side of new market yard as there existed police staff quarters and residential colonies, it is very difficult for the vehicles to approach the main road. The proposed gate is just 50 feet to the main road which can have smooth passing of the vehicles. Hence, the respondent No.2 prayed to dismiss the petition as there are no valid and tenable grounds. 4. A reply affidavit was filed by the petitioner to the counter affidavit of the respondent No.2 stating that as per the minutes of the joint meeting conducted by the respondent No.3 on 26.02.2000, the proposed gate was not there and the Secretary of the respondent No.2 informed the District Collector, Kurnool, through a letter dated 30.05.2020 that he had inspected the gates to divert the heavy vehicles between the old and the new markets instead of the revenue colony road. There are two roads in the revenue colony, one at the southern side of the colony, which is abutting the old market yard and the other at the northern side, which is abutting the new market yard and that both the roads are being used for movement of light motor vehicles. It was further submitted that smaller vehicles were allowed and iron bars were erected with a view to prevent the heavy vehicles. If the proposed gate is allowed to be opened, the entire traffic will be diverted to the northern 6 W.P.No.35768 of 2022 side road of the revenue colony, due to which, inconvenience would be caused. It was further contended that there is no objection to opening any gate for the convenience of the public as per the approved plan. 5. On 08.11.2022, an interim order was passed by this Court directing the respondents to maintain status quo till 29.11.2022 with regard to installation of a gate at the south-east corner of the new market yard. The interim order has been extended from time to time and on 18.04.2023, it was extended till the next date of hearing i.e. 10.05.2023. 6. On 21.07.2025 this Court, after hearing both sides, felt that the Collector may hold a meeting with the Superintendent of Police, Municipal Commissioner, the Market Committee members and the residents of the Revenue Colony near the market road to resolve the problem of movement of heavy vehicles and directed to submit a report of the minutes of the meeting within three (03) weeks. On 18.08.2025, the learned Standing Counsel for A.M.C. placed on record a copy of the minutes of the meeting held on 01.08.2025. The relevant part of which reads as follows: “The following officers / persons were attended to the Meeting 1. District Collector, Kurnool. 2. Superintendent of Police, Kurnool 3. Joint Collector, Kurnool. 4. Commissioner, Municipal Corporation, Kurnool. 5. Revenue Divisional Officer, Kurnool. 6. Selection Grade Secretary, Agricultural Market Committee, Kurnool. 7. Revenue Colony welfare Association & its residents 7 W.P.No.35768 of 2022 1) The Collector, Kurnool and the Committee Members has heard the explanations of both the petitioners and respondents and after discussion both parties in W.P.No.35768/2022 in the Hon'ble High Court of Andhra Pradesh are agreed to allow the movement of vehicles with up to Six wheels and also agreed to install/establish one iron arch at entrance of the newly installed gate to control the movement of heavy vehicles above six wheels. 2) Taken a decision for laying of CC road in between revenue colony and Agricultural Market Committee, Kurnool by the Municipal Corporation, Kurnool. It was signed by 1) Superintendent of Police, Kurnool, 2) District Collector, Kurnool, 3) Commissioner, Municipal Corporation, Kurnool, 4) Joint Collector, Kurnool, 5) Selection Grade Secretary, Agrl. Market Committee, Kurnool, 6) Revenue Divisional Officer, Kurnool and also by the members of the revenue colony welfare association and its residents. 1) T.Ramudu, President, Phone No. 9032575747 2) Shaik Masoom Saheb, Secretary 08518251231 3) M.Lakshmi Raju, Treasurer 9704736448 4) G.Krishna Murthy, Member 9177737823 5) M.Krishna Murthy, Member 9963794485 6) S.Yousuf Nayak, Member 9491704818 7) M.Jayanna, Member 9000390060 ’’ 7. The matter was adjourned to 20.08.2025 as the learned counsel for the petitioner requested time to get instructions from the petitioner. 8. On 20.08.2025, the learned counsel for the petitioner submitted that there was no clarity in the minutes dated 01.08.2025 regarding the 6 wheeled heavy vehicle as there was no specification about the height 8 W.P.No.35768 of 2022 of the iron arch at the entrance and the time during which the vehicular movement of heavy vehicles shall be allowed. Therefore, the matter was adjourned to get clarification about the height of the arch and the time during which the movement of heavy vehicles shall be allowed and report the same to this Court. Today i.e. on 01.09.2025, the learned Standing Counsel for A.M.C., Kurnool placed on record written instructions of the selection grade Secretary, A.M.C., Kurnool vide R.O.C.No.No.80 of 2025 dated 30.08.2025 along with the minutes of the meeting held on 29.08.2025 by the District Collector, Kurnool in the office of A.M.C., Kurnool. The relevant part of the minutes are as follows: “The following Officers/ Persons attended to the Meeting, 1. District Collector, Kurnool. 2. Superintendent of Police, Kurnool. 3. Joint collector, Kurnool. 4. Revenue Divisional Officer, Kurnool 5. Selection Grade Secretary, Agricultural Market Committee, Kurnool. 6. Revenue Colony Welfare Association and its Residents. The Secretary, Revenue Colony Welfare Association, Kurnool represented that during last meeting held on 01.08.2025 it was decided to allow movement of Vehicles upto Six (06) Wheeler through newly installed gate. He stated that Six Wheeler Vehicle is classified as heavy vehicle and it is big in size and dimension and it cannot take an easy turn on the existing narrow 30 feet wide road of Revenue colony and it may cause damage of the residential houses of the colony while 9 W.P.No.35768 of 2022 going outside and more so, it cannot pass through the iron bars erected at the entrance of the colony which were designed to pass only small vehicles and not heavy vehicles. He pleaded that small vehicles like a small trucks, autos, Tractors etc., may be allowed as is being allowed since 2000 through the iron bars already erected at the entrance of the Revenue colony roads. The respondents in the W.P.No.35768 / 2022 stated that a physical measurement made to a loaded 6 wheel vehicle and its height is 12 feet. The respondents requested the height of the iron arch shall be with 13 feet for free movement of vehicles and during peak arrival movement for vehicles incoming and outgoing, the timings for the vehicular movement will be from 6 PM to 8 AM for incoming and outgoing small vehicles through the newly installed gate and also agree to allow vehicles like small trucks, Autos, Tractors etc. After physical verification made by the District Collector, Kurnool, Superintendent of Police, Kurnool and Joint Collector, Kurnool to the newly established gate at Southeast corner of the New Market Yard and after discussion it is mutually agreed by both the petitioners and respondents in W.P.No.35768 / 2022 to install a iron arch with 12 feet height and there is no restrictions for timings for vehicular movement for incoming and outgoing small vehicles and to allow small vehicles like small trucks, Autos, Tractors etc through the newly installed gate at south- east corner of the New Market Yard. It was signed by the Officers attended to the meeting, 1. Superintendent of Police, Kurnool. 2. District Collector, Kurnool 10 W.P.No.35768 of 2022 3. Revenue Divisional Officer, Kurnool. 4. Joint Collector, Kurnool. 5. Selection Grade Secretary, Agricultural Market Committee, Kurnool. 6. Members of the Revenue Colony welfare Association ’’ 9. The learned counsel for the petitioner as well as the learned Standing Counsel for A.M.C. requested to dispose of this writ petition recording the minutes dated 29.08.2025 as part of this order. The learned counsel for the petitioner further submitted to fix the responsibility on the Secretary, A.M.C., Kurnool to oversee the implementation of the terms agreed in the meeting. 10. As can be seen from the agreed terms in the meeting held on 29.08.2025, both the petitioner and the respondents agreed to install an iron arch with 12 feet height and there is no restriction of timings for vehicular movement of small vehicles, like small trucks, autos, tractors etc., through the gate to be installed at the south-east corner of the new market yard. 11. This Court is of the opinion that it is necessary to fix the responsibility on the A.M.C., Kurnool to get the agreed terms implemented. 12. Accordingly, this writ petition is disposed of. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. ________________________ JUSTICE B.S.BHANUMATHI Date: 01.09.2025 PNV 11 W.P.No.35768 of 2022 HON’BLE Ms. JUSTICE B.S.BHANUMATHI Writ Petition No: 35768 of 2022 Date: 01.09.2025