IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT: THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.13058 of 2009 Between: M/s.National Highways Authority of India, Represented by it Project Director Mr.I. Ganapathi Reddy ..... PETITIONER AND Government of Andhra Pradesh rep. by its Principal Secretary, Rural Water Supply and Sanitation, Secretariat Buildings, Hyderabad and three others ..... RESPONDENTS ORDER: This court issued rule nisi on 02-07-2009 and granted interim stay in W.P.M.P.No.16911 of 2009. W.V.M.P.No.3645 of 2009 is filed to vacate the interim order. 2. In the additional counter affidavit filed in para No.2 it is stated that as per the latest information, the petitioner informed that the survey and demarcation has been completed and requested the Superintending Engineer, RWS, Nizamabad to given undertaking in the following lines for vacating of the stay: i. The assurance from Superintending Engineer, RWS, Nizamabad that the water supply pipes should be laid in the proposed Utility Corridor adjacent to boundary line. ii. The water supply pipes already laid from Km.326/800 to Km.340/800 along with NH7 whenever it was not laid adjacent to the boundary line and to undertake to shift the pipe line laid if any within the limits to Utility Corridor adjacent to boundary line. 3. Certain further averments also had been made in paras 3 and 4 of the additional counter affidavit as well. 4. The affidavit was filed by respondent No.3 and the same reads as hereunder: “ AFFIDAVIT FILED BY RESPONDENT NO.3 I, Ch. Rajarathna Reddy, S/o.Ch.Raji Reddy, aged 57 years, working as Executive Engineer, RWS & S Division, Nizamabad District do hereby solemnly affirm and sincerely state on oath as follows: 1. I am the 3rd respondent herein, as such, I am well acquainted with the facts of the case. 2. It is submitted that the meeting was convened by the District Collector on 21-07-2009 and it was decided in the meeting that the RWS Department has laid the pipeline with an extent of ROW of 60m and if any pipeline is already laid inside, the proposed utility corridor will be shifted. It is further submitted that the GM(T) & Project Director of National Highway of Authority of India i.e., the Petitioner herein requested this respondent to file an undertaking before this Hon’ble Court. Therefore, an undertaking is herewith submitted on the following lines. (i) That the water supply pipes shall be laid in the proposed utility corridor adjacent to the border line. (ii) That water supply pipes already laid from Km.326/800 to Km.340/800 along with National Highway-7 will be shifted within the limits of utility corridor adjacent to the boundary line. 3. Hence this undertaking. Therefore, it is prayed that this Hon’ble Court may be pleased to pass appropriate orders in closing the writ petition in view of the above undertaking submitted. Solemnly and sincerely affirm on this the 10th day of November 2009 and signed his name in my presence. Sd/- DEPONENT Executive Engineer, (PR) RWS, Nizamabad.” 5. In the light of the specific undertaking made in the affidavit specified supra, the same is recorded and no further orders need be passed in this writ petition. 6. The Writ Petition is accordingly closed. No order as to costs. ___________________ P.S. NARAYANA, J November 13, 2009. PN THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.13058 of 2009 November 13, 2009