APHC010591102022 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION Nos. W.P.No.35635/2022 Between: 1. MADASU RAMU, S/O LATE VENKATESHWAR RAO, AGED ABOUT 40 YEARS R/ O ALLURU VILLAGE, MUDINEPALLI MANDAL, ELURU DISTRICT 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF PANCHAYATH RAJ AND RURAL DEVELOPMENT,. A.P.SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, ELURU, ELURU DISTRICT 3. THE COMMISSIONER OF PANCHAYATH RAJ, GOVERNMENT OF ANDHRA PRADESH GUNTUR DISTRICT 4. THE TAHSILDAR, MUDINEPALLI MANDAL, ELURU DISTRICT 5. THE GRAM PANCHAYATH, ALLURU, MUDINEPALLI MANDAL, ELURU DISTRICT REPRESENTED BY ITS SARPANCH 6. THE PANCHAYATH SECRETARY, ALLURU GRAM MUDINEPALLI MANDAL, ELURU DISTRICT IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION Nos.: 35635/2022 & 5776 of 2023 MADASU RAMU, S/O LATE VENKATESHWAR RAO, AGED ABOUT 40 YEARS R/ O ALLURU VILLAGE, MUDINEPALLI MANDAL, ELURU ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF PANCHAYATH RAJ AND RURAL DEVELOPMENT,. A.P.SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR THE DISTRICT COLLECTOR, ELURU, ELURU DISTRICT THE COMMISSIONER OF PANCHAYATH RAJ, GOVERNMENT OF ANDHRA PRADESH, NEAR PRATUR CROSS ROAD, TADEPALLI, GUNTUR DISTRICT THE TAHSILDAR, MUDINEPALLI MANDAL, ELURU DISTRICT THE GRAM PANCHAYATH, ALLURU, MUDINEPALLI MANDAL, ELURU DISTRICT REPRESENTED BY ITS SARPANCH THE PANCHAYATH SECRETARY, ALLURU GRAM PANCHAYATH, MUDINEPALLI MANDAL, ELURU DISTRICT IN THE HIGH COURT OF ANDHRA PRADESH [3332] WEDNESDAY,THE FIFTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI & 5776 of 2023 MADASU RAMU, S/O LATE VENKATESHWAR RAO, AGED ABOUT 40 YEARS R/ O ALLURU VILLAGE, MUDINEPALLI MANDAL, ELURU ...PETITIONER THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF PANCHAYATH RAJ AND RURAL DEVELOPMENT,. A.P.SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR THE DISTRICT COLLECTOR, ELURU, ELURU DISTRICT THE COMMISSIONER OF PANCHAYATH RAJ, GOVERNMENT OF , NEAR PRATUR CROSS ROAD, TADEPALLI, THE TAHSILDAR, MUDINEPALLI MANDAL, ELURU DISTRICT THE GRAM PANCHAYATH, ALLURU, MUDINEPALLI MANDAL, ELURU DISTRICT REPRESENTED BY ITS SARPANCH PANCHAYATH, RC,J W.P.Nos.35635/2022 & 5776/2023 2 7. PERUMALLA RANA KAMESWARA RAO, S/O KRISHNA MURTHY R/O ALLURU VILLAGE, MUDINEPALLI MANDAL, ELURU DISTRICT ...RESPONDENT(S): 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 a Writ or Writs, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents, particularly the 6th Respondent herein, for not initiating action against the 7th Respondent as per G.O.Ms.No. 188, P.R. and R.D. Department dated 21.7.2011 and not stopping the construction of 7th Respondent by removing the compound wall in order to restore the drainage bodhi in R.S.No. 117/1 and R.S.No. 129/1 of Alluru Village, Mudinepalli Mandal, Eluru District, is bad, arbitrary, contrary to the provisions of A.P.Panchayath Raj Act, 1994 as well as G.O.Ms.No. 188, P.R. and R.D. Department dated 21.7.2011 and also offends Arts. 14 and 21 of the Constitution of India and to pass IA NO: 1 OF 2022 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, particularly the 6th Respondent herein, to stop the constructions being carried on by the 7th Respondent in R.S.No. 117/1 and R.S.No. 129/1 of Alluru Village, Mudinepalli Mandal, Eluru District, pending disposal of the above Writ Petition and to pass Counsel for the Petitioner: 1. M VIDYAVATHI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. N SRIHARI (Standing Counsel for MPP ZPP and GRAM PANCHAYAT) 3. T V V KOTESWARA RAO WRIT PETITION NO: 5776/2023 Between: 1. PERUMALLA RATNA KAMESWARA RAO, S/O KRISHNA MURTHY, AGE 54 YEARS, R/O ALLURU VILLAGE, MUDINEPALLI MANDAL, ELURU DIST. ...PETITIONER AND RC,J W.P.Nos.35635/2022 & 5776/2023 3 1. THE STATETHE STATE OF ANDHRA PRADESH OF AP, REP BY ITS PRNCIPAL SECRETRY, DEPT OF PANCHAYAT AND RURAL DEVELOPMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR DIST. 2. THE ALLURU GRAMPANCHAYAT, REP BY ITS SECRETARY, ALLURU, ALLURU VILLAGE AND POST, MUDINEPALLI MANDAL, ELURU DIST. 3. THE TAHSILDAR, MUDINEPALLI MANDAL, MUDINEPALLI, ELURU DIST. ...RESPONDENT(S): 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 topleased to issue a Writ , order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents not allowing the petitioner to construct the Kacha Drain and Kalvart (Ramp) to the Petitioner's House which is situated in 580.8 square yards or Ac.0.12 cts in R.S.NO. 117/1 in Alluru Village, Mudinepalli Mandal, EluruDist is illegal , arbitrary , contrary to law and violation of Article 14 and 300(A) of Constitution of India and further direct the respondents not to interfere with the construction activities of Kacha Drain and Kalvart /Ramp to the petitioner's above house which is situated in 580.8 square yards or Ac.0.12 cts in R.S.NO. 117/1 in Alluru Village, Mudinepalli Mandal, EluruDist and pass IA NO: 1 OF 2023 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 pleased to direct the respondents not to interfere with the construction activities of Kacha Drain and Kalvart /Ramp to the petitioner's house which is situated in 580.8 .square yards or Ac.0.12 cts in R.S.NO. 117/1 in Alluru Village, Mudinepalli Mandal, EluruDist Counsel for the Petitioner: 1. T V V KOTESWARA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE RC,J W.P.Nos.35635/2022 & 5776/2023 4 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) The Court made the following: COMMON ORDER Writ Petition vide W.P.No.35635 of 2022 has been filed questioning inaction of respondent no.6 in initiating action against respondent no.7 for making constructions obstructing the drainage Bodhi in R.S.No.117/1 and R.S.No.129/1 of Alluru village, Mudinepalli Mandal, Eluru District. 2. The respondent no.7 in Writ Petition No.35635 of 2022 filed writ petition vide W.P.No.5776 of 2023 questioning the action of respondent authorities in not allowing him to construct kacha drain and culvert (Ramp) to reach his house situated in R.S.No.117/1. 3. Inasmuch as the issue in both the writ petitions is in relation to the same subject property, both the writ petitions are heard together and are being disposed of by this common order. 4. The parties hereinafter will be referred to as per their status in W.P.no.35635 of 2022. 5. Heard Smt M.Vidyavathi, learned counsel for petitioner in W.P.No.35635 of 2022, Sri T.V.V.Koteswara Rao, learned counsel for petitioner in W.P.No.5776 of 2023 (respondent no.7 in W.P.No.35635 of RC,J W.P.Nos.35635/2022 & 5776/2023 5 2022), Sri Y. Koteswara Rao, learned Standing counsel for Grampanchayat, Ms.Naga Chandrika, learned Assistant Government pleader for Panchayat Raj. 6. Smt. M.Vidyavathi, learned counsel for petitioner, while reiterating the contents of the writ affidavit in W.P.No.35635 of 2022 would contend that respondent no.7 made constructions on the drainage bodhe thereby obstructing free flow of drainage water and as a result there is every possibility of outbreak of diseases in the village and despite bringing it to the notice of the authorities, they are not taking any action for removal of encroachments on the said drainage bodhe. 7. Sri T.V.V.Koteswara Rao, learned counsel for respondent no.7 (petitioner in W.P.no.5776 of 2023) while reiterating the contents of the writ petition in W.P.No.5776 of 2023 would contend that the petitioner made construction of house and compound wall in his private site and to reach his house from road he has to cross drainage bode and as such with the permission dated 13.12.2022 granted by respondent no.2 he constructed kacha drain and culvert without causing any obstruction to free flow of drain water. 8. 8. Sri Y.Koteswara Rao, learned Standing counsel for Grampanchayat, on counter filed in W.P.No.5776 of 2023, would contend that after completion of construction of house, respondent no.7 laid two C.C.pipes in the drainage RC,J W.P.Nos.35635/2022 & 5776/2023 6 bodhe and the panchayat authorities asked him to remove the said C.C.pipes and accordingly they were removed and later, without any permission he constructed culvert across the drainage bodhe. He would further contend that the authorities issued notice dated 05.10.2022 to respondent no.7 calling for explanation but he did not choose to submit explanation. Accordingly, prayed to pass appropriate orders. 9. Perused the material available on record and considered the submissions made by learned counsel for parties. 10. Resolution dated 03.12.2022 passed by Grampanchayat would indicate that the request made by respondent no.7 has been considered and permission was granted on the condition that if in future any obstruction to free flow of drainage water occurred due to construction of culvert, the panchayat would be at liberty to remove the same. The resolution further shows that respondent no.7 agreed for the said condition. 11. In view of the resolution passed by Grampanchayat imposing conditions, both the writ petitions can be disposed of. 12. Accordingly, W.P.No.35635 of 2022 is disposed of, directing the Panchayat authorities to ensure that there is no blockade of any drain water in view of construction of culvert made by respondent no.7 and in case the RC,J W.P.Nos.35635/2022 & 5776/2023 7 same causes any hindrance to the free flow of drain water in drainage Bodhe, the authorities shall take action for its removal so as to ensure hassle-free flow of water. 13. In view of orders passed in W.P.No.35635 of 2022, no orders need be passed in W.P.No.5776 of 2023. Accordingly, the same is disposed of. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. JUSTICE RAVI CHEEMALAPATI RR