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2025 DAILYLAW 24624 (AP)

KUNCHE VENKANNA BABU v. THE STATE OF AP

WP/17641/2025 · 2025-07-31

Venkata Jyothirmai Pratapa

body2025

Judgment text

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V, APHC010347142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI WRIT PETITION NO: 17641 OF 2025 Between: 1. Kunche Venkanna Babu, S/o. Late Venkata Reddy, Male, aged. 52 years,Occ Agriculture, R/o.D.No.6-140, G. Vemavaram, Kodapa (V), I. Polavaram (M), Dr. B.R.Ambedkar Konaseema District. 2. Kunche Rajendra Prasad, S/o. Late Venkata Reddy, aged 64 years, Occ Retd.pvt.teacher, R/o.D.No.6-140, G.Vemavaram, Kodapa (V), I. Polavaram (M), Dr.B.R.Ambedkar Konaseema District. 3. Kunche China Babu, S/o. Late Venkata Reddy, aged 48 years, Male, Occ Pvt.teacher, R/o.D.No.6-140, G. Vemavaram, Kodapa (V), I. Polavaram (M), Dr.B.R.Ambedkar Konaseema District. ...Petitioners AND 1. The State Of Andhra Pradesh, rep. by its Principal Secretary to Government (Fire Service and Home Department), A.P. Secretariat,Velagapudi, Amaravathi. Guntur District. 2. District Fire Officer, District Fire Station Dr.B.R.Ambedkar Konaseema District. 3. District Panchayat Officer, Amalapuram. Konaseema District. 4. The District Collector, Amalapuram. Dr.B.R.Ambedkar Konaseema District. Amalapuram. Dr.B.R.Ambedkar e Superintendent of Police, Amalapuram. Konaseema District. Tahsildar, I. Polavaram (M) District. G Vemavaram Gram Panchayati, rep. by its Grama Panchayat Secretary,G. Vemavaram (V), I. Polavaram (M), Dr.B.R.Ambedkar Konaseema District. Kotanala Bala Krishna, W/o.Nagamani, G.Vemavaram , Kodapa (V), I. Polavaram (M), Dr. B.R.Ambedkar Konaseema District. Dr.B.R.Ambedkar 5. Dr.B.R.Ambedkar Konaseema 6. 7. 8. ...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 an appropriate Writ, order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents not taken any action against unofficial respondent No.8 on Petitioners Representation dated 16-6-2025 Respondent No.8 kept hay stock (Endugaddi) tied Buffaloes, Buffaloes dung, urine and other wastes in the middle of Residental house of petitioners as highly illegal, arbitrary and contrary to law and clear violation of Principles of Natural Justice and Right to life with good health and consequently to direct the Respondents to remove hay stock (Endugaddi), Buffaloes, Buffaloes dung, urine and other wastes from the middle of Residential house of petitioners and ensure cleanliness near the Residential houses. lA NO: 1 OF 2025 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 to shift the hay stock (Endugaddi), Buffaloes, buffaloes dung and other wastes to non-residential area by considering the Petitioners' Representation dated: 16-6-2025 pending disposal of the above writ petition. r Counsel for the Petitioners: SRI B P RAJU Counsel for the Respondent Nos.1,2,5: GP FOR FIRE AND HOME Counsel for the Respondent No.3: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent Nos.4 & 6: GP FOR REVENUE Counsel for the Respondent No.7: SRI Y KOTESWARA RAO Counsel for the Respondent No.8: NONE APPEARED The Court made the following order: f APHC010347142025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) HffiS [3396] Vt FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17641/2025 Between; 1.KUNCHE VENKANNA BABU, S/0. LATE VENKATA REDDY MALE AGED. 52 VEMAVARAM. KODAPA (V), I. B.R.AMBEDKAR KONASEEMA DISTRICT. 2.KUNCHE RAJENDRA PRASAD,, S/0. LATE VENKATA REDDY, AGED OCC RETD.PVT.TEACHER, R/O.D.n6.6-140, POLAVARAM (M), YEARS,OCC AGRICULTURE, R/O.D.NO.6-140, G. POLAVARAM (M), ’ DR. 64 YEARS, G.VEMAVARAM, KODAPA DR.B.R.AMBEDKAR KONASEEMA DISTRICT. 3.KUNCHE CHINA BABU,, S/0. LATE VENKATA REDDY AGED 48 YEARS, MALE VEMAVARAM, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. (V). OCC PVT.TEACHER, KODAPA (V), I. R/O.D.NO,6-140, POLAVARAM G. (M), ...PETITIONER(S) AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT (FIRE SERVICE ANDHOME DEPARTMENT), A.P. SECRETARIAT,VELAGAPUDI, AMARAVATHI. GUNTUR DISTRICT 2. DISTRICT FIRE OFFICER, AMALAPURAM. DR.B.R.AMBEDKAR KONASEEMA DISTRICT PANCHAYAT DISTRICT FIRE STATION, 3. DISTRICT OFFICER DR.B.R.AMBEDKAR KONASEEMA DISTRICT. 4.THE DISTRICT COLLECTOR, AMALAPURAM. DR.B.R.AMBEDKAR KONASEEMA DISTRICT. 5.SUPERINTENDENT DR.B.R.AMBEDKAR KONASEEMA DISTRICT. 6.TAHSILDAR, I. POLAVARAM (M), KONASEEMA DISTRICT. 7.G VEMAVARAM GRAM PANCHAYATI, REP. BY ITS GRAMA PANCHAYAT SECRETARY,G. VEMAVARAM (V), I. POLAVARAM (M) DR.B.R.AMBEDKAR KONASEEMA DISTRICT. 8.KOTANALA BALA KRISHNA, W/O.NAGAMANI I. POLAVARAM (M) AMALAPURAM. OF POLICE, AMALAPURAM. DR.B.R.AMBEDKAR G.VEMAVARAM . DR. B.R.AMBEDKAR KODAPA (V) KONASEEMA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1.B P RAJU 2 Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR HOME 3.GP FOR REVENUE The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for; a Writ order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents not taken any action against unofficial respondent No. 8 on Petitioners Representation dated 16.6.2025 Respondent No.8 kept hay stock Endugaddi tied Buffaloes Buffaloes dung urine and other wastes in the middle of Residental house of petitioners as highly illegal arbitrary and contrary to law and clear violation of Principles of Natural Justice and Right to life with good health and consequently to direct the Respondents to remove hay stock Endugaddi Buffaloes Buffaloes dung urine and other wastes from the middle of Residential house of petitioners and ensure cleanliness near the Residential houses. ” Learned Assistant Government Pleader for Revenue, on written 2. instructions, submits that the necessary sanitation work has been carried out in the area. Furthermore, instructions have been given to Sri Kotnala Bala Krishna, the adjacent landholder, not to dump garbage near the petitioners residential premises. For ready reference, the written instructions are extracted hereunder: 3. “Vide in the reference 2"^ cited, the Panchayat Secretary issued endorsement to the petitioner and the surrounding garbage was duly cleared and shifted to a remote location. Necessary sanitation work has also been carried out in the area and further, instructions were given to Sri Kotnala Bala Krishna who is the adjacent landholder, not to dump garbage near the petitioner’s residential premises. The petitioner refused to take the endorsement. In view of the above, it Is submitted that, the subject matter of the petition purely pertains to the Panchayat Department, and appropriate action has already been taken by the said department. ” 3 Recording the submissions made by the learned Assistant Government 4. Pleader for Revenue, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// ' SECTION OFFICER To, 1. The Principal Secretary to Government (Fire Service andHome Department), A.P. District. 2. District Fire Officer Secretariat.Velagapudi, Amaravathi. Guntur District Fire Station Dr.B.R.Ambedkar Konaseema District. 3. District Panchayat Officer, Amalapuram. Konaseema District. 4. The District Collector, Amalapuram. Dr.B.R.Ambedkar Konaseema District. Amalapuram. Dr.B.R.Ambedkar 5. Superintendent of Police, Amalapuram. Konaseema District. 6. Tahsildar, I. Polavaram (M) District. Dr.B.R.Ambedkar Dr.B.R.Ambedkar Konaseema 7. G Vemavaram Gram Panchayati, rep. by its Grama Panchayat Secretary.G. Vemavaram (V), I. Polavaram (M), Dr.B.R.Ambedkar Konaseema District. 8. One CC to Sri. B P Raju Advocate [OPUC] 9. Two CCs to GP For Panchayat Raj Rural Dev, Fligh Court of Andhra Pradesh [OUT] 10. Two CCs to GP For Flome, Fligh Court of Andhra Pradesh [OUT] 11. Two CCs to GP For Revenue, Fligh Court of Andhra Pradesh [OUT] 12. Two CD Copies. AL HIGH COURT DATED;01/08/2025 ORDER WP NO. 17641 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS