IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 13533 of 2006 Between: M. Jagadeeshwar Reddy, S/o. M. Bali Reddy, R/o. Gospadu mandal and Village, Kurnool District. ..... PETITIONER AND 1 Executive Engineer ( R&B), Nandyal, Kurnool. 2 Assistant Executive Engineer ( R&B), nandyal, Kurnool District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue writ, order or direction more particularly in the nature of writ of Mandamus declaring the action of the respondents in laying the road in front of the petitioners house where there is an existing cement concrete road which its of 217.50 Mts. of Length and 2.75 Mts. width running from east to west, from one Mangali Narasimhulu's house on the East to Anjaneya Swamy Temaple in the west of Gospadu village, Kurnool District, without removing the existing layers on the road as illegal and arbitrary. Counsel for the Petitioner: MR.VINAY KAMISETTY Counsel for the Respondents: GP FOR ROADS & BUILDINGS The Court made the following : ORDER: The petitioner is a resident of Gospadu Village, Kurnool District. It is his case that in front of his house there is an existing cement concreat road, which is of 217.50 mts. of length and 2.75 mts. width running from east to west. There is no drainage facility on either side of the road and there is no way for the water to pass other than entering into the houses on both sides of the road. The grievance of the petitioner is that the respondents intend to lay a road on the existing road due to which the height of the road would increase and whenever rain comes, the water ﬂoods into the houses situated on either side of the road. Therefore, he ﬁled the present writ petition seeking a direction to the respondents to remove the layers of the existing road and then to lay a new road to avoid irreparable loss going to be caused to the petitioner and other neighbourers. Pursuant to the notice issued by this Court, the 1st respondent has ﬁled a counter aﬃdavit inter alia stating that the petitioner’s house is located at Km.14/303 on left side of the road in Km.14.219 to 14.700 which falls in the village limits of Gospadu Mandal. This stretch from 14.219km to 14.422 km i.e. 304 mtrs is covered by CC pavement with a width of 2.80 meters and it is very diﬃcult for the vehicles to cross on the stretch due to the houses built on either side of the road. It is also stated that it is not possible to provide drainage facility on either side of the road. However, there is no chance to enter the rain water into the houses as their base height is above the newly laid CC pavement and since the existing road condition is bad, it was taken up for widening the road by providing wearing coat with a thickness of 150 mm over the existing pavement by utilizing the existing CC pavement as base. There would be very meager change of the height due to this laying of the new road and no rain water enters into the houses. The 1st respondent’s counter clearly states that no rainwater is going to enter into the houses even if the road level is increased and that the change in the height of the road would be too meager. Even if little inconvenience is caused to the petitioner by laying the road, he cannot prevent the authorities from laying the road at all for the use of the general public and he has to make his own arrangements if his house is situated in the low level. For the foregoing reasons, the writ petition is dismissed. N.V.RAMANA,J DT.30.7.2008 msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Executive Engineer ( R&B), Nandyal, Kurnool. 2 Assistant Executive Engineer ( R&B), nandyal, Kurnool District. 3 Two CCs to Govt.Pleader for R&B, High Court of A.P. Hyd.