Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 799 OF 2025 Between: Yettigadda Narasimha Reddy, S/o. Late Y. Hanuma Reddy, Aged 49 Years, R/o. D.No. 4-8-100, Karanamgari Veedhi, Redia Bazar, Near Gandhi Statue, Koritipadu, Guntur, Guntur District. ...PETITIONER AND
1. The State of AP, Rep. by its Principal Secretary, Municipal Administration & Urban Development Dept. Secretariat Buildings,at Velagapudi, Amaravathi. 2. The District Collector, Collecterate Compound, Guntur, Guntur District. 3. The Guntur Municipal Corporation, Rep. by its Commissioner. Guntur, Guntur District. 4. The Superintending Engineer, Guntur Municipal Corporation, Guntur, Guntur District. 5. The Executive Engineer, Guntur Municipal Corporation, Guntur, Guntur District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed 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 one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the petitioners representations dated 30.12,2024 and 23.12.2024 seeking to rectify the drainage system in
Karanam Gari Street, Koritepadu Guntur City, by removing the old pipeline and ensuring proper connections to the new pipeline and to stop the contamination of the Municipal Drinking water as illegal, improper, arbitrary and agair^st the principals of natural justice, contrary to the provisions of the Municipal Corporation Act and the Rules framed there under and violation Article 21 of the constitution of India and respondents to consider the petitioners of consequently direct the 2 to 5th representation petitioners representations dated 30.12,2024 AND 23.12.2024 rectify the drainage system in Koritepadu Karanam Gari Street, Guntur City, by removing the old pipeline and ensuring proper connections to the new pipeline and to stop the contamination of the Municipal Drinking water thereby taking action against the contractor.
lA NO: 1 OF 2Q2fi Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased direct the 2 to 5th respondents petitioner’s representation dated 30.12.2024 & 23.12.2024 drainage system in Koritepadu Karanam Gari Street, Guntur City, by removing the old pipeline and ensuring proper connections to the pipeline and to stop the contamination of the Municipal Drinking water thereby taking action against the contractor, pending disposal of the writ petition. to consider the rectify the Counsel for the Petitioner: SMT. MARELLA RADHA Counsel for the Respondent Nos. 1 & 2: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent Nos. 3 to 5: SMT. SIREESHA RANI VALLABHANENI (SC FOR MUNICIPALITIES) The Court made the following: ORDER
m u 7 APHC010015692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) r [3333] THURSDAY ,THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 799/2025 Between: Yettigadda Narasimha Reddy ...PETITIONER AND The State Of Ap and Others ...RESPONDENT{S) Counsel for the Petitioner:
1.MARELLA RADHA Counsel for the Respondent(S):
1.GP FORMUNCIPAL ADMN URBAN DEV The Court made the following:
ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- ‘‘...to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the petitioners representations dated 30.12.2024 & 23.12.2024 seeking to rectify the drainage system in Karanam Gari Street, Koritepadu Guntur City by removing the old pipeline and ensuring proper connections to the new pipeline and to stop the contamination of the Municipal Drinking water as illegal, improper, arbitrary and against the principals of natural justice, contrary to the provisions of the Municipal Corporation Act and the Rules framed there under and violation of Article 21 of the constitution of India and consequently direct the 2"“^ to 5"’ respondents to consider the petitioner’s representations dated 30.12.2024 & 23.12.2024 rectify the drainage system in Koritepadu Karanam Gari Street, Guntur City by removing the old pipeline and ensuring proper connections to the new pipeline and to stop the contamination of the Municipal Drinking water thereby taking action against the contractor and to pass... ”
2. The
brief facts of the case are that the petitioner is the resident of Karanamgari Veedhi, Redia Bazar, near Gandhi Statue, Kortipadu, Guntur, Guntur District and comes under the division of Guntur Municipal Corporation. While the matter being so, the respondent No.3 had initiated the drainage works in the petitioner’s division on 05.11.2024 and has completed the same within ten (10) days. The grievance of the petitioner is that the instructions for laying the pipelines was at minimum depth of 1.5 meters, but the contractor had laid the pipelines at a depth of about 2 feet and further the said contractor had also failed to remove old drainage pipelines before installing the new ones and as the new drainage pipelines were parallel to the municipal water pipelines, due to leakage of old drainage pipes, the municipal water is getting contaminated, which resulted the petitioner and other residents to receive the polluted and hazardous municipal drinking water. ^ I—_
V Alleging the same, the petitioner had submitted a representation dated 23.12.2024, to the respondents Nos.2 to 5, but no action was taken by them. Thereafter, the petitioner once again had submitted another representationon 30.12.2024 to the respondent Nos.2 and 3, even though as no action has been initiated by the respondents, the petitioner had filed the present writ petition. 3. Heard Smt.Marella Radha, learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development appearing for the respondent Nos.1 and 2 and Smt. Sireesha Rani, learned Standing Counsel appearing for the respondent Nos.3 to 5 and perused the material available on record. 4. Today when the matter came up for admission, learned Standing Counsel appearing for the respondent Nos.3 to 5 has furnished a copy of instructions dated 08.01.2025, issued by the Commissioner, Municipal Corportation, Guntur, wherein it is stated that the respondents are ready to consider the representations dated 23.12.2024 and 30.12.2024 made by the petitioner and dispose of the same within a period of seven (7) days in accordance with law.
On a perusal of the affidavit filed by the petitioner and as well as the instructions submitted by the learned Standing Counsel, it can be seen that due to failure of the contractor in removing the old drainage pipelines before laying in the new ones in the petitioner’s division, the municipal drinking water is being contaminated due to the leakage of the old pipelines resulting in contamination of the drinking water and alleging the same the petitioner had submitted representations dated 23.12.2024 and 30.12.2024, requesting the respondents to rectify the drainage system in Koritepadu Karanam Gari Street, Guntur City. On the other hand, as per the instructions submitted by the learned Standing Counsel, as the respondents are ready to consider the representations dated 23.12.20274 and 30.12.2024 submitted by the petitioner and dispose of the same within a period of seven (07) days. 5. mWf$> 1" t'-'l •'. i'. a? 6. Instead of going into the merits of the case, this Court feels it appropriate to dispose of the writ petition by directing the official respondents to act upon the representations dated 23.12.2024 and 30.12.2024 submitted by the petitioner within a period of seven (07) days in accordance with law
7. With the above direction, the Writ Petition is disposed of. There no order as to costs. shall be Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR I //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Municipal Administration & Urban Development Dept. Secretariat Buildings,at Velagapudi, Amaravathi. 2. The District Collector, Collecterate Compound, Guntur, Guntur District
3. The Guntur Municipal Corporation, Rep. by its Commissioner. Guntur Guntur District. 4. The Superintending Engineer, Guntur Municipal Corporation, Guntur Guntur District. 5. The Executive Engineer, Guntur Municipal Corporation, Guntur, Guntur District. 6. One CC to Smt. Marella Radha Advocate [OPUC] 7- Sireesha Rani Vallabhaneni (SC for Municipalities)
8. Two CCs to GP for Muncipal Admn Urban Dev, High Court of AnHhra Pradesh.
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9. Three CD Copies TF
\ N .m \ 'V HIGH COURT DATED:09/01/2025
ORDER WP.No.799 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS