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2025 DAILYLAW 43099 (AP)

S.Bibi John, v. The State of Andhra Pradesh,

WP/11666/2019 · 2025-08-12

Venkateswarlu Nimmagadda

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

::1:: APHC010258022019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11666/2019 Between: 1. S.BIBI JOHN,, W/O MASTAN SAHEB, AGED ABOUT 47 YEARS, OCC- AGRICULTURE, R/O. SADAM ROAD, DODDEPALLE, PILERU VILLAGE AND MANDAL, CHITTOOR DISTRICT. 2. S.SARDHAR ALI,, S/O ABDUL KHADER, AGED ABOUT 42 YEARS, OCC- BUSINESS, R/O KOTHAKOTA STREET, PILERU VILLAGE AND MANDAL, CHITTOOR DISTRICT. 3. M.RAFI SAHEB,, S/O VALLI SAHEB, AGED ABOUT 49 YEARS, OCC- AGRICULTURE, R/O. BALIJA VEEDHI, PILERU VILLAGE AND MANDAL, CHITTOOR DISTRICT. 4. A.ABDULLA SAHEB,, S/O DASTAGIRI SAHEB, AGED ABOUT 45 YEARS, OCC- AGRICULTURE, R/O. RAILWAY GATE VEEDHI, PILER VILLAGE AND MANDAL, CHITTOOR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRL. SECRETARY TO PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE JOINT COLLECTOR, CHITTOOR DISTRICT, CHITTOOR, A.P. 3. PILERU GRAMPANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, PILERU MANDAL, CHITTOOR DISTRICT. ...RESPONDENT(S): 2 This Court made the following ORDER:- 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a writ or order more particularly one in the nature writ of mandamus or an appropriate writ or order declaring the high handed action of the 3rd respondent in not stopping the dumping of garbage in and around the petitioners lands by considering their representation dated 10.06.2019, instead of dumping in the allotted land to an extent of Ac 14.66 cents Survej No.1616 of Doddipalli Village and Surrey No. 44-B of Piler Village and Mancal, Chittoor District, is illegal, arbitrary and unconstitutional and contrary to the Principles of natural justice and pass...” 2. Heard the learned counsel for the petitioner, the learned Government Pleader for Panchayat Raj appearing for the respondent Nos. 1 and 2 and the learned Standing counsel appearing for the respondent No.3. 3. The case of the petitioners is that the 3rd respondent has been dumping garbage in and around the petitioners’ agricultural patta lands admeasuring to an extent of Ac.1.64 cents in Sy.No.659/3/1, Ac.0.22½ cents in Sy.No.2043-2, Ac.0.54 cents in Sy.No.1975/2A/1B/1C1, and Ac.0.50 cents in Sy.No.1969 situated at Diddipalle Village, Pileru Mandal, instead of dumping it in the 3 allotted land admeasuring to an extent of Ac.14.66 cents in Survey No.1616 situated at Doddipalli Village and Survey No.44-B of Piler Village and Mandal, Chittoor District. 4. The learned counsel for the petitioners submits that, even though the 2nd respondent issued proceedings dated 28.07.2015 directing the 3rd respondent to take necessary action for allotting government land to an extent of Ac.9.66 cents in Sy.No.1616 of Doddipalli Village and Ac.5.00 cents in Sy.No.44-B of Pileru Revenue Village for using it as a dumping yard and garbage disposal site, the 3rd respondent, instead of utilizing the government land allotted under the said proceedings, has been dumping the garbage collected from the Gram Panchayat area in and around the petitioners’ agricultural lands, to an extent of Ac.1.64 cents in Sy.No.659/3/1, Ac.0.22½ cents in Sy.No.2043-2, Ac.0.54 cents in Sy.No.1975/2A/1B/1C1, and Ac.0.50 cents in Sy.No.1969 of Diddipalle Village, Pileru Mandal. The petitioners made a representation to the respondent authorities, but even after receipt of the said representations of the petitioners, the respondent authorities neither considered nor issued any proceedings so far. Hence, the present writ petition. 4 5. On the other hand, the learned standing counsel appearing for the 3rd respondent submits that, pending the writ petition, the 1st respondent allotted the land admeasuring to an extent of Ac.10.00 cents in Sy.No.511 for the implementation and construction of a dumping yard for utilization by the 3rd respondent Gram Panchayat. After allotment and alienation of the subject land, the 3rd respondent Gram Panchayat has been dumping the garbage and treating the same as per the rules at the subject allotted land only. It is further submitted that the 3rd respondent Gram Panchayat is not dumping garbage in and around the petitioners’ land and, therefore, the grievance of the petitioners has already been redressed by virtue of the proceedings issued by the 2nd respondent dated 28.07.2015. 6. In view of the clear and categorical statement made by the learned standing counsel for the 3rd respondent, pursuant to the proceedings issued by the 2nd respondent dated 28.07.2015, the grievance of the petitioners has already been redressed. Therefore, no further orders are necessary in the writ petition. In view of the observations as stated above, the writ petition is disposed of. No costs. 5 As a sequel, interlocutory applications if any pending, shall stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 13.08.2025 klk 6 272 THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION NO.11666 of 2019 13.08.2025 klk