B. Parvathama v. The State of Andhra Pradesh, Rep. by its Principal
WP/34945/2016 · 2025-01-03
V Sujatha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39173 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39173 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
APHC010842462016
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 34945/2016 Between: B.Parvathama, Sarpanch, Peddannapadu Gram Panchayat, Yerraguntla Mandal, YSR Kadapa District. ...PETITIONER AND The State of Andhra Pradesh Rep. by its Principal Secretary, Municipal Administration Department and others ...RESPONDENT(S) Counsel for the Petitioner:
1. K V SUBBA REDDY Counsel for the Respondent(S):
1. GP FOR REVENUE (AP)
2. GP-MUNCIPAL ADMN AND URBAN DEV(AP)
3. N RANGA REDDY (SC MC RSEEMA SPSR NLR) The Court made the following:
2
ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:-
“….to issue a Writ or Order or Direction more in the nature of the Writ of Mandamus by declaring the action of the 3rd Respondent in dumping the Garbage / Spoiled Waste in Sy.No.247-B to an extent of Ac.4.91 situated at Peddanapadu Village, Yerraguntla Mandal, without permission of the Petitioner’s Gram Panchayat is illegal, arbitrary and violation of the Article 21 of the Constitution of India and consequently direct the 3rd Respondent to refrain from dumping the Garbage / Spoiled Waste in Sy.No.247-B to an extent of Ac.4.91 situated at Peddanapadu Village, Yerraguntla Mandal, without permission of the Petitioner’s Gram Panchayat….”
2. Heard learned counsel for the petitioner and learned counsel appearing for the respondents. 3. On 19.01.2016 when the matter came up for admission, this Court passed the following interim order:
“ ….There shall be an interim direction directing the 3rd respondent to refrain from dumping Garbage/Spoiled Waste in Sy.No.247-B to an extent of Ac.4.91 cents situated at Peddanapadu Village, Yerraguntla Mandal, without permission of the petitioner’s Gram Panchayat.”
4. At the time of hearing, learned Standing Counsel furnished a copy of instructions of the 3rd respondent/Commissioner, Yerraguntla Nagara Panchayat, YSR Kadapa District dated 02.01.2025, wherein it is stated that in pursuance of the interim order granted by this Court on 19.01.2016, no garbage was dumped as alleged by the petitioner from 2016 to till date. It is further stated that, in accordance with the guidelines of the National Green Tribunal (NGT) and Swachandra Corporation Limited, the existing garbage
3
collection from the households has been segregated to wet waste and dry waste.
The wet waste is to be processed through vermicomposting or waste- to-energy methods, while the dry waste is to be sent to cement factories. In this regard, the land in Sy.No.247/B, to an extent of Ac.4.91 cents, situated at Peddanapadu Revenue Village, Yerraguntla Mandal, YSR Kadapa District, is proposed to be used for the purposes of Solid Waste Management (SWM), Compressed Bio Gas (CBG), Materials Recovery Facility (MRFs), Garbage Transfer station (GTS), Seggregation shed (SS) and Faecal Sludge Treatment Plant (FSTP), but not for the dumping of garbage. 5. In view of the same, this Court deems it appropriate to dispose of the writ petition by directing the 3rd respondent to see that no garbage is dumped in Sy.No.247/B in an extent of Ac.4.91 cents, Peddanapadu Village, Yerraguntla Mandal, YSR Kadapa District, till the said land is approved by the competent authority for the purpose of Solid Waste Management (SWM), Compressed Bio Gas (CBG), Materials Recovery Facility (MRFs), Garbage Transfer station (GTS), Seggregation shed (SS) and Faecal Sludge Treatment Plant (FSTP), 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. __________________ JUSTICE V.SUJATHA Date: 03.01.2025 KGR