APHC010127392026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY,THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6725/2026 Between: 1. GEDDAM SRINIVASA RAO, S/O LATE PALLAPA RAO, AGED ABOUT 59 YEARS, CIVIL CONTRACTOR, R/O D.NO.8-192, SRI LAKSHMI NARASIMHA NAGAR, DOWLAISWARAM, RAJAMAHENDRAVARAM RURAL MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY (PANCHAYAT), SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT AT RAJAMAHENDRAVARAM. 3. THE DISTRICT PANCHYAT OFFICER, EAST GODAVARI DISTRICT, RAJAMAHENDRAVARAM. 4. 4. THE DOWLAISWARAM GRAM PANCHAYAT, REPRESENTED BY ITS SECRETARY, DOWLAISWARAM VILLAGE, RAJAMAHENDRAVARAM MANDAL, EAST GODAVARI DISTRICT. 5. Page 2 of 7 SRS,J W.P.No.6725 of 2026 5. VEERANA VIHAR GROUP HOUSING, REPRESENTED BY ITS PRESIDENT- M. SRINIVAS, S/O NOT KNOWN, R/O D.NO.8-198 TO 8-203, SRI LAKSHMI NARASIMHA NAGAR, DOWLAISWARAM, RAJAMAHENDRAVARAM RURAL MANDAL, EAST GODAVARI 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 topleased issue an Order, a Direction, or a Writ more particularly in the nature of Writ of Mandamus by declaring the action of the 4thRespondent in not considering the grievance complaint bearing No. EAG202660214330 submitted by the Petitioner, and in connecting the septic outlets of the 5th Respondents houses to the existing waste-water drainage constructed by the Petitioner at his own expense, without prior notice, as arbitrary, illegal, autocratic, ultravires and against to the principles of natural justice consequently, to direct the Respondents 1 to 4 herein to immediately stop the outflow of filth and waste-water from the 5th Respondents houses into the Petitioners drainage system, by strictly following the provisions of the Andhra Pradesh Prohibition of Allowing Outflow of Filth on Streets Rules, 2000 in the interests of justice and pass IA NO: 1 OF 2026 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 pass an interim order by directing the Respondents 1 to 4 herein not to connect the the outflow of filth and waste-water from the neighbouring houses into the Petitioner‟s drainage system pending disposal of the main Writ Petition on the file of this Hon'ble Court in the interests of justice and pass such other order or orders as this Hon'ble Court deems fit and proper under the circumstances of the case, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. M/S.ASTONISH LAWS p. 3 SRS,J W.P.No.6725 of 2026 Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: :: ORDER :: Heard Sri Chandra Sekhar, learned counsel for the petitioner; Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj, for respondents 1 and 3; Ms. P. Usha, learned Assistant Government Pleader for respondent No.2 and Sri Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned standing counsel for respondent No.4. 2. The notice to respondent No.5 is dispensed with since no adverse order affecting its rights or interest, is passed. 3. The above writ petition was filed to declare the action of respondent No.4 in not considering the grievance complaint bearing No.EAG202660214330 made by the petitioner, regarding the connection of septic outlets of respondent No.5 - houses to the existing wastewater drainage constructed by the petitioner, as illegal and arbitrary. 4. Learned counsel for the petitioner would submit that the outlet from the respondent No.5-houses connected to the outlet constructed by the petitioner resulted in overflow of the sullage water in front of the petitioner‟s house, and hence the petitioner made a representation on 14.02.2026, under Ex.P1. However, the same was not considered by the authority. 5. Learned counsel for respondent No.4 submitted written instructions of respondent No.4. Page 4 of 7 SRS,J W.P.No.6725 of 2026 6. A perusal of instructions would indicate that Sri Lakshmi Narasimha Nagar in Dawaleswaram is a non-layout area. No drainage facility was provided. The petitioner, a resident of 8-192, constructed the house long back and constructed drainage to the main drain at a distance of 90 meters. The residents of respondent No.5 have been using the same drainage, and this practice has been in vogue for quite a long time. While so, due to some dispute between the petitioner and the members of the colony, the petitioner interdicted with the said arrangement. When the residents of the colony informed the Panchayat Secretary of the Village, he approached the petitioner and explained the situation. The petitioner initially sought two weeks; however did not restore the same, and hence the Panchayat Secretary restored the earlier arrangement. The instructions would further indicate that other CC drainage will be constructed with the funds of the Panchayat. A copy of the signed instructions was handed over to the learned counsel for the petitioner. 7. Thus, as seen from the representation-Ex.P1, the petitioner constructed a house at D.No.8-191 and 8-192, at Sri Lakshmi Narasimha Nagar, Dowlaiswaram village, Rajamahendravaram Mandal, in the year 2003. The petitioner also constructed a culvert at his own expense and also a drainage to a distance of 90 meters. Further, group houses of respondent No.5 were constructed opposite the petitioner‟s house, and the residents therein connected the drainage to the outlet/drainage constructed by the petitioner. Respondent No.5, intends to construct a separate drainage line to let out the sewage water with its funds. 8. No doubt, as seen from the material available, the petitioner had constructed drainage in the year 2003 at his own expense and connected the same to the main outlet at a distance of 90 meters. However, the outlet/drainage was constructed in a public place. After the 5th respondent p. 5 SRS,J W.P.No.6725 of 2026 housing colony was constructed, the residents of the said colony connected that outlet to the outlet constructed by the petitioner. 9. Whether the petitioner, who constructed an outlet/drainage in a public place, can claim exclusive right to use the drainage? 10. Chapter II of the A.P. Panchayat Raj Act, 1994 (for short „the Act‟), deals with Powers, Functions and Property of Gram Panchayats. Section 45 for the Act prescribes the duty of the Gram Panchayat to provide for certain matters. Section 45(1) (iii), which is apt, is extracted herewith: (1) Subject to the provisions of this Act and the rules made thereunder, it shall be the duty of a gram panchayat within the limits of its funds to make reasonable provisions for carrying out the requirements of the village in respect of the following matters, namely: (i)….. (ii)…. (iii) the construction of drains and their maintenance, and the disposal of the drainage water and soilage. 11. Section 55 of the Act, deals with Vesting of communal property or income in gram panchayat. It reads thus: “Any property or income which by custom belongs to or has been administered for the benefit of the villagers in common or the holders in common of village land generally or of lands of a particular description or of lands under a particular source of irrigation, shall vest in the gram panchayat and be administered by it for the benefit of the villagers or holders aforesaid.” p. 6 SRS,J W.P.No.6725 of 2026 12. Chapter IV of the Act deals with public safety, convenience and health. Section 93 of the Act, relevant, is extracted herewith: “93. Prohibition against allowing outflow of filth - No owner or occupier of any premises shall allow the water from any sink, drain, latrine, or stable or any other filth, to flow out of such premises to any portion of a public road except a drain or cesspool or to flow out of such premises in such a manner as to cause nuisance by the soakage of the said water or filth into the walls or ground at the side of a drain forming a portion of such public road.” 13. A conjoint reading of the above provisions indicates that it is the duty of the Gram Panchayat to construct and maintain the drainage system; the drainage being a communal property vested with the Gram Panchayat, and no owner or occupier causes nuisance by the soakage of the water or filth. As noted supra, the petitioner constructed drainage in a public place, at the time when he constructed the house. However, he cannot claim an exclusive right to use the same. In fact, the Gram Panchayat is also collecting drainage cess from the petitioner and other residents, as evidenced by the tax receipt filed by the petitioner. 14. The Panchayat Secretary of respondent No.4, made a temporary arrangement for the free flow of sewage water. Thus, the grievance of the petitioner regarding the non-consideration of Ex.P1-complaint is misconceived. At the same time, as observed supra, it is the duty of the Gram Panchayat to see to it that no soaking of water occurs in front of the petitioner‟s house. Of course, the photographs filed by the petitioner manifest soaking water; however, the latest photographs filed along with the instructions show that the Panchayat Secretary attended the situation. Page 7 of 7 SRS,J W.P.No.6725 of 2026 15. Given the instructions of respondent No.4, this writ petition is disposed of at the admission stage with the consent of learned counsel on either side, directing respondent No.4 to construct drainage, as expeditiously as possible, to resolve the dispute, with the funds of the Gram Panchayat, keeping in view the provisions of the Act referred to supra. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 11.03.2026 IKN