Ramireddy Obula Konda Reddy, vs The State Of Andhra Pradesh, on 22 June, 2021

[Cites 5, Cited by 0]

Andhra Pradesh High Court - Amravati

Ramireddy Obula Konda Reddy, vs The State Of Andhra Pradesh, on 22 June, 2021

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)
TUESDAY, THE TWENTY SECOND DAY OF JUNE
TWO THOUSAND AND TWENTY ONE
'PRESENT:
THE HONOURABLE SRI JUSTICE BATTU DEVANAND
WRIT PETITION NO: 11053 OF 2021

Between:

Ramireddy Obula Konda Reddy, Aged about 66 years, S/o Ramireddy Obula""
Reddy, D.No.6-29/a, Jangambai Bazar, Kotapadu Sirivella Mandalam, Kotapadu
Town, Kurnool District, Andhra Pradesh 518573.

weer Patitioner
AND

1. The State of Andhra Pradesh, Rep. by its Principal Secretary Department "of
Panchayat Raj, Secretariat Buildings, Velagapudi, Amaravati, Guntur District.

2. The State of Andhra Pradesh, Rep. by its Principal Secretary, RWSS, Dept of
Rural Water Supply and Sanitation, Secretariat Buildings, Velagapudi, Amaravati,
Guntur District. .

3. The Superintending Engineer, Rural Water Supply and Sanitation, Kurnool Town,
Kumool District, Andhra Pradesh. . °

4. The Executive Engineer, Rural Water Supply and Sanitation, Nandyal Division,
Nandyal Town, Kurnool District, Andhra Pradesh. -

5. The Assistant Engineer, Rural Water Supply and Sanitation, Nandyal Division,
Nandyal Town, Kurnool District, Andhra Pradesh. - .

6. Mandal Parishad Development Officer, Sirivella mandal, Allagadda Taluk, .
Kurnoo! Districts Andhra Pradesh-- 518563. -

.« Respondent

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 of Mandamus' or any other appropriate writ, order or direction declaring the
action of the Respondents, more particularly, Respondent Nos.5 and 6 in interfering
with the peaceful functioning of the Reverse Osmosis Water Plant (R.O Water Piant),
being run/ operated/ maintained by the Petitioner at Kotapadu Village, Sirivella Mandal,
Kurnool District, Andhra Pradesh, as being illegal, arbitrary, without jurisdiction, and in-
violation of Article 14, 19 and 21 of the Constitution of India, and consequently to direct
the Respondents not to interfere with the peaceful functioning of the Reverse Osmosis
Water Plant (R.O Water Plant), being cun/ operated/ maintained by the Petitioner. at
Kotapadu Village, Sirivella Mandal, Kurnool District, Andhra Pradesh. me

IA NO: 1 OF 2021

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 not to interfere with the peaceful functioning of the Reverse Osmosis
Water Plant (R.O Water. Plant), being run/ operated/ maintained by the Petitioner at
Kotapadu Village, Sirivella Mandal, Kurnool District, Andhra Pradesh, pending disposal
of WP 11053 of 2021, on the file of the High Court. See

IA NO: 2 OF 2021

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 permit the
Petitioner to modify and amend the Paragraphs 2, 4, 5, 6, and Main Prayer at Para 16 &
Interlocutory Prayer in [A at Para 17 as following, Para 2.That the above Writ Petition is
filed aggrieved. by the action of the Respondents more particularly the 5th & 6th
Respondents herein in interfering with the peaceful functioning and operations of the
Reverse Osmosis Water Plant (R.O.Water Plant) of the Petitioner at Kotapadu Village,

one week time to get instructions.

Sirivella Mandal, Kurnool District as being illegal, arbitrary, without any jurisdiction and
in violation of principles of natural justice, and for a consequential direction to not to
interfere with the peaceful of the petitioner herein. Para 4. lt is submitted that the
Petitioner herein is running { maintaining the Reverse Osmosis Water Plant (R.O Water
Plant), which is setup at Kotapadu Village, Sirivella Mandal, Kurnool District, Andhra

Pradesh. |t is submitted that the plant is efficient enough in providing 1000. liters
capacity. Para 5. It is further submitted that the Kotapadu Village Panchayat was

benefited by the release of grants from the Members of Parliament Local Area
Development Scheme, 2012-13 (MPLAD Scheme 2012-13) by Late SiLS.P_Y Reddy
(Hon'ble Member of Parliament for Nandyal from 2009- 2014). The scheme 1.e.,
entrusted with the implementation of Members of Parliament Local Area Development
Scheme (MPLADS), whereby, each Member of Parliament had the choice to suggest to
the District Collector for works to the tune of Rs.5 Crores per annum to be taken up in
his/her constituency. Para 6. it is relevant to submit that, in the year 2016, the
maintenance of the said plant was transferred to the Petitioner herein, who was. the
President of Grama Committee of the Kotapadu Village, Sirivella Mandal, Kurnool!
District, Andhra Pradesh. It is submitted that, on 30.03.2016. a resolution was passed
by the Village Sarpanch along with other people, to rescue the ill-maintained water plant
which was established in the year 2012-13, by the funds of Members of Parliament
Local Area Development Scheme (MPLADS), to be maintained by the Petitioner herein.
Para 16. For the reasons stated above, it is prayed that this Hon'ble Court may be
pleased to issue a 'Writ of Mandamus' or any other appropriate writ, order or direction
declaring the action of the Respondents, more particularly, Respondent Nos.5 & 6 in
interfering with the peaceful functioning of the Reverse Osmosis Water Plant (R.O
Water Plant), being run/ operated/ maintained by the Petitioner at Kotapadu Village,
Sirivella Mandal, Kurnool District, Andhra Pradesh, as. being illegal, arbitrary, without
jurisdiction, and in violation of Article 14, 19 & 21 of the Constitution of India, and
consequently to direct the Respondents not to interfere with the peaceful functioning of
the Reverse Osmosis Water Plant (R.O Water Plant), being run/ operated/ maintained
by the Petitioner at Kotapadu Village, Sirivella Mandal, Kurnool District, Andhra
Pradesh, and pass such other order or orders as this Hon'ble Court may deem fit and
proper in the facts and circumstances of the case. Para 17. It is further prayed that this
Hon'ble Court may be pleased to direct the Respondents not to interfere with the
peaceful functioning of the Reverse Osmosis Water Plant (R.O.Water Plant), being run/
operated/ maintained by the Petitioner at Kotapadu Village, Sirivella Mandal, Kurnool
District, Andhra Pradesh, pending disposal of the Writ Petition and pass such other
order or orders as this Hon'ble Court may deem fit and proper in the facts and
circumstances of the case. And amend the description of the Respondent No.6 in the
cause title as, Mandal Prsishad Development Officer Sirivella Manda! Allagadddda
Taluk, Kurnool District. Andhra Pradesh -51863. Pending disposal of WP 11053 of
2021, 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 Sri N Ashwani Kumar
Advocate for the Petitioner, and of GP for Panchayat Raj Rural Development for R.1 to
ie oes Sri V.Vinod Reddy Standing Counsel for R.6, and the Court made the following.
ORDER:

"Sti G.R.Sudhakar, learned counsel representing Sri V.Vinod K.Reddy, learned Standing Counsel appearing for respondent No.6, sought Post on 29.6.2021.

Till then, the respondents are directed to maintain status quo in all ~ SD/:V.pIwAKAR c DEPUTY REGISTRAR TRUE COPY fe | For SECTION © OOM . The Principal Secretary Department of Panchayat Raj, Secretariat Buildings, Velagapudi, State of Andhra Pradesh, Amaravati, Guntur District. . The Principal Secretary, State of Andhra Pradesh, RWSS, Dept of Rural Water Supply and Sanitation, Secretariat Buildings, Velagapudi, Amaravati, Guntur District.

. The Superintending Engineer, Rural Water Supply and Sanitation, Kurnool Town, Kumool District, Andhra Pradesh. The Executive Engineer, Rural Water Supply and Sanitation, Nandyal Division, Nandyal Town, Kurnool District, Andhra Pradesh. The Assistant Engineer, Rural Water Supply and Sanitation, Nandyal Division, Nandya! Town, Kurnool District, Andhra Pradesh. Mandal Parishad Development Officer, Sirivella mandal, Allagadda Taluk, Kurnool District, Andhra Pradesh-- 518563(RR 1 to 6 by RPAD) One CC to SRI. N Ashwani Kumar Advocate [OPUC] One CC to Sri V.Vinod K.Reddy, learned Standing Counsel [OPUC] Two CCs to GP for Panchayat Raj Rural Dev High Court Of Andhra Pradesh. {OUT]

10. One spare copy PR HIGH COURT DEVJ DATED:22/06/2021 et, "POST ON 29.06.2021 ORDER WP.No.11053 of 2021 STATUS QUO AQ aged. 85 go ay eas

Unlock Advanced Research with PRISMAI

Andhra Pradesh High Court - Amravati