I ] m m IN THE HIGH COURT OF ANDHRA PRADESH AT AMAI (SPECIAL ORIGINAL JURISDICTION) '3V«/iS ‘1 .W t V TUESDAY .THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE iPRESENT: THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD / WRIT PETITION NO: 5348 OF 2025 Between: Vuba Krishna, S/o. Late Naganna, aged about 42 years, Occ; Cultivation R/o. D.No.103, Ganganapalli, Kakinada Rural, Kakinada District. X Petitioner / AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Guntur District. 2. The Grampanchayat, rep. by its Secretary, Cheediga Village, Kakinada Mandal, Kakinada District. 3. The Grampanchayat, rep. by its Secretary, Indrapalem Village, Kakinada Mandal, Kakinada District 4. The District Pancyayat Officer, Kakinada District. 5. The Superintending Engineer, Irrigation Department, Kakinada District. 6. The Executive Engineer, Drainage Department, Kakinada District. Respondents f 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 a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering petitioners representations dated 03.02.2024 in respect dumping of wastage and garbage collected from the villages into the canal as illegal, arbitrary and in violation of the provisions of the AP Panchayat Rej Act and consequently direct the respondents to take action on my representations dated 03.02.2024 forthwith. lA NO: 1 OF 2025 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 to direct the respondents herein to take action on petitioner’s representations dated 03.02.2024 forthwith. Pending disposal of WP 5348 of 2025, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Ms. M.S.V.S. Sudha Rani, learned Counsel appearing on behalf of Sri S SRIDHAR Advocate for the Petitioner, GP FOR PANCHAYAT RAJ RURAL DEV for the Respondent Nos.1 & 4; Sri V. Sai Kiran, learned Counsel appearing on behalf of Sri Y. Koteswara Rao, Standing Counsel for the Respondent Nos.2 & 3; GP for Irrigation for the Respondent Nos.5 & 6 and the Court made the following. ORDER: “Heard Ms. M.S.V.S. Sudha Rani, learned Counsel appearing on behalf of Sri S. Sridhar, learned Counsel for the Writ Petitioner; Sri V. Sai Kiran, learned Counsel appearing on behalf of Sri Y. Koteswara Rao, learned Standing Counsel for ZPPs, MPPs and Gram Panchayat and Sri Panuku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development. 2. Learned Counsel for the Writ Petitioner has drawn the attention of this Court to the photographs in Ex.P.6 and would submit that the villagers are dumping the garbage into the fresh water flowing in the canal. 3. Sri V. Sai Kiran, learned Counsel appearing on behalf of Sri Y. Koteswara Rao, learned Standing Counsel for ZPPs, MPPs and Gram Panchayat has submitted the Written Instruction furnished by the Panchayat Secretary, Cheediga, Kakinada Rural Mandal, dated 21.03.2205 along with certain photographs indicating that the Village Panchayat has commenced clearing work. Copy of it is also supplied to the learned Counsel for the Writ Petitioner. The same is taken on record. 4. The photographs (Ex.P.6) portrays a gory picture as regards the pollution that is being caused on account of discharge of dump into the fresh water flowing canal. 5. In this view of the matter, mere clearing of the existing dump would not solve the problem that would eventually continue to exists unless stringent measures are taken against the residents in the village who are responsible for dumping of such waste basing on the ‘Principle of Polluter Pays’. It becomes incumbent on the Gram Panchayat to initiate preventive and deterrent measures for stopping the dump of wastage in the days to come. 6. In this view of the matter, the District Panchayat Officer, Kakinada District (Respondent No.4) is directed to appraise the Court on the next date of listing as regards the preventive and deterrent measures that are sought to be initiated against the persons who would be polluting the canal in the future. 6. Sri Panuku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development and Sri V. Sai Kiran, learned Counsel appearing on behalf of Sri Y. Koteswara Rao, learned Standing Counsel for ZPPs, MPPs and Gram Panchayat are directed to convey the gist of this Order to the respective parties forthwith for effective compliance. 7. List the matter on 08.04.2025 in the Motion List. SOI- K. J. RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To. 1. The Principal Secretary, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District.[By Special Messenger] 2. The Secretary,Grampanchayat, Cheediga Village, Kakinada Mandal Kakinada District. 3. The Secretary, Grampanchayat, Indrapalem Village, Kakinada Mandal, Kakinada District 4. The Superintending Engineer, Irrigation Department, Kakinada District. 5. The Executive Engineer, Drainage Department, Kakinada District. (2 to 5 by RPAD) ! 6. The District Panchayat Officer, Kakinada District.fBY SPEED POST] One CC to SRI. S SRIDHAR Advocate [OPUC] 7. 8. One CC to Sri Y. Koteswara Rao, Standing Counsel [OPUC] 9. Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV ,High Court Of Andhra Pradesh. [OUT] 10. Two CCs to GP FOR IRRIGATION ,High Court Of Andhra Pradesh. [OUT] 11. One spare copy > HIGH COURT /::■ <1 GRKP.J DATED:25/03/2025 List the matter on 08.04.2025 in the Motion List ORDER WP.No.5348 of 2025 DIRECTION