IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 2823 of 2008 Between: Chereddy Subba Reddy S/o. Late Hanuma Reddy Marripudi Village & Mandal, Prakasam District,. ..... PETITIONER AND 1 The State of Andhra Pradesh, Rep. by its Principal Secretary to Roads and Buildings Department, Secretariat, Saifabad, Hyderabad. 2 Superintending Engineer, Roads and Buildings Department, Ongole, Prakasam District. 3 Marripudi Gram Panchayat, Rep,. by its Executive Authority Cum Panchayat Secretary, Marripudi (V & M) Prakasam 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 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 constructing drains and sluice on either side of the cement road being formed through Marripudi Village, as illegal, irreglar, arbitrary and violative of the provisions of Andhra Pradesh Panchayat Raj Act, 1994 and offends articles 14 and 21 of Constitution of India and Consequently direct the respondents to construct drain and sluice on either side of the cement road being formed through Marripudi Village, and pass Counsel for the Petitioner:MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondent No.: GP FOR ROADS & BUILDINGS The Court made the following : Oral Order: (Per Anil R. Dave, CJ) This is a petition, which is in the nature of public interest litigation, praying for a direction that respondent No.3 be directed to construct drains and sluice on either side of the cement road which is being formed through Marripudi Village. Respondents 1 and 2 have filed their counter. Respondent No.2-Superintending Engineer, Roads and Buildings Department has stated in his counter that at present cement concrete road is being constructed and after the road is completely laid, there will be some space left on both the sides of the road, so that respondent No.3-Gram Panchayat can construct side drains. According to respondent No.2 the apprehension of the petitioner that side drains could not be constructed and that would result in mosquito growth is not well founded. In view of the fact that still cement concrete road has not been completely constructed, the question of construction of side drains by respondent No.3-Gram Panchayat does not arise. As and when cement concrete road is completely constructed, it will be open to the petitioner to draw the attention of respondent No.3-Gram Panchayat to do the needful for construction of side drains and we are sure that looking to the financial position and need of the residents, respondent No.3- Gram Panchayat shall do the needful after construction of the road. In view of the above observations, nothing further survives in the matter. The writ petition stands dismissed with no order as to costs. ANIL R. DAVE, CJ R. SUBHASH REDDY, J 26th March, 2008 GRR To 1.2CCs to 2.2CD copies