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2025 DAILYLAW 22346 (AP)

H GUNDAMMA v. THE STATE OF AP

WP/16044/2024 · 2025-04-07

Gannamaneni Ramakrishna Prasad

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 16044 OF 2024 Between: Smt. H. Gundamma, W/o. late H. Lakshmikantha Reddy, Aged about 64 years, H.No. 6-190, Pedda Harivanam Village, Adoni Mandal, Kurnool District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Amaravathi. 2. The District Collector, Kurnool, Kurnool District. 3. The Mandal Parishad Development Officer, Mandal Praja Parishad, Adoni, Kurnool District. 4. Pedda Harivanam Gram Panchayat, Rep. by its Panchayat Secretary, Pedda Harivanam Village, Adoni Mandal, Kurnool District. 5. Sri H. Sitharami Reddy, S/o. late H. Lakshmikantha Reddy, Aged about 42 years. Cultivator, Pedda Harivanam Village, Adoni Mandal, Kurnool District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents authorities in not providing drinking water tap connection to the petitioner T- • (H.No. o-'tQO) by shifting from the existing place, as illegal, arbitrary, % andj violative of Art. 14 and 21 of the Constitution of India and “"(^ihs^quenliy DIRECT the respondent authorities to provide drinking water tap connection to the petitioner (H.No. 6-190) by shifting from the existing place or alternatively to provide new drinking water tap connection to the petitioner (H.No. 6-190) situated at Pedda Harivanam Village, Adoni Mandal, Kurnool District. •.'jf'W \ lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Direct the respondents No. 3 & 4 to consider the representation dated 25-05-2024 made by the petitioner, seeking to provide drinking water tap connection to her house bearing D.No. 6-190 situated at Pedda Harivanam Village, Adoni Mandal, Kurnool District, pending disposal of above Writ Petition. Counsel for the Petitioner: SRI. BUTTA VIJAYA BHASKER Counsel for the Respondent Nos. 1&2: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent Nos. 3&4: SRI P. A. K YADAV, LEARNED COUNSEL APPEARING ON BEHALF OF SRI M SUDHIR SC FOR ZPP, MPP AND GRAM PANCHYAT. Counsel for the Respondent No. 5: SRI G SRAVAN KUMAR The Court made the following order: APHC010315042024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY ,THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 16044/2024 Between; 1.H GUNDAMMA, W/0. LATE H. LAKSHMIKANTHA REDDY, AGED ABOUT 64 YEARS, H.NO. 6-190, PEDDA HARIVANAM VILLAGE, ADONI MANDAL, KURNOOL DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, AMARAVATHI. 2.THE DISTRICT COLLECTOR, KURNOOL, KURNOOL DISTRICT. 3.THE MANDAL PARISHAD DEVELOPMENT OFFICER, MANDAL PRAJA PARISHAD, ADONI, KURNOOL DISTRICT. 4. PEDDA HARIVANAM GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, PEDDA HARIVANAM VILLAGE, ADONI MANDAL, KURNOOL DISTRICT. 5.SRI H SITHARAMI REDDY, S/0. LATE H. LAKSHMIKANTHA REDDY, AGED ABOUT 42 YEARS. CULTIVATOR, PEDDA HARIVANAM VILLAGE, ADONI MANDAL, KURNOOL DISTRICT. ...RESPONDENT(S): 2 Counsel for the Petitioner: 1. BUTTA VIJAYA BHASKER Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.G SRAVAN KUMAR 3.Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: ORAL ORDER: Heard Sri Butta Vijay Bhaskar, learned Counsel for the Writ Petitioner, Sri G. Sravan Kumar, learned Counsel for the Respondent No.5 and Sri P.A.K. Yadav, the learned Counsel appearing on behalf of Sri M. Sudhir, learned Standing Counsel for Gram Panchayat appearing for Respondent Nos.3 & 4. In compliance with the Order of this Court dated 25.03.2025, Sri P.A.K. Yadav, the learned Counsel appearing on behalf of Sri M. Sudhir, learned Standing Counsel for Gram Panchayat appearing for Respondent Nos.3 & 4, has submitted the Written Instruction furnished by the Panchayat Secretary, Pedda Harivanam, dated 26.03.2025. Copy of it is also supplied to the learned counsel for the Writ Petitioner. The same is taken on record. 2. 3 ? 3. The Written instruction would indicate that it would take about three (03) weeks time for the Gram Panchayat to provide the water tap connection to the Writ Petitioner. 4. Having regard to the contents of the Written Instruction and also the facts of this case, this Court deems it appropriate to dispose of the Writ Petition, with the following directions: i. the Writ Petitioner shall make a necessary Application and pay the required fee in favour of Gram Panchayat, within a period of one (01) week from today, for which the Panchayat Secretary, Pedda Harivanam Gram Panchayat (Respondent No.4) shall cooperate by furnishing necessary details and by giving necessary guidance to the Writ Petitioner; ii. from the date of receipt of the proof of payment and the Application of the Writ Petitioner, the Respondent No.4 is directed to install the tap connection and render necessary connection for supply of water within a period of three (03) weeks from the date of Application of the Writ Petitioner; iii. once the water connection given to the Writ Petitioner starts functioning, the Panchayat Secretary (Respondent No.4) is directed to inform the Respondent No.5. iv. Until such time the Respondent No.4 informs the Respondent No.5 with regard to the functioning of the water connection in the y-w-- 4 Writ Petitioner’s house, the Respondent No.5 shall continue to allow the Writ Petitioner to utilize the water from the tap connection of the Respondent No.5. observations and directions, the Writ Petition stands 5. With these allowed. There shall be no order as to costs. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR 6. //TRUE COPY// N OFFICER SE To, 1. The Principal Secretary, Panchayat Raj and Rural Development Department, State of AP, Secretariat, Amaravathi. 2. The District Collector, Kurnool, Kurnool District. 3. The Mandal Parishad Development Officer, Mandal Praja Parishad, Adoni, Kurnool District. 4. The Panchayat Secretary, Pedda Harivanam Gram Panchayat, Pedda Harivanam Village, Adoni Mandal, Kurnool District. 5. One CC to Sri. Butta Vijaya Bhasker Advocate [OPUC] 6. One CC to Sri. G Sravan Kumar Advocate [OPUC] 7. One CC to Sri. M Sudhir SC for ZPP, MPP and GP [OPUC] 8. Two CCs to GP for Panchayat Raj Rural Dev, High Court Of Andhra Pradesh. [OUT] 9. Three CD Copies GSC .1. HIGH COURT DATED:07/04/2025 ORDER WP.No.16044of 2024 * Og APR 2025 Current Section . m ALLOWING OF THE WP WITHOUT COSTS