THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.27731 OF 2011 ORDER:- This writ petition is filed seeking to issue a writ of mandamus declaring the action of respondent No.1 in not taking any action on petitioners’ representation, dated 05.01.2011, submitted for disconnection of the illegal water tap connection sanctioned to the residential complex i.e., Ashritha Apartments bearing H.No.45/185-35, N.R.Nagar, Kurnool, as illegal and arbitrary; and consequently, direct respondent No.1 to forthwith disconnect the illegal water tap connection. 2. It is stated in the affidavit filed in support of the writ petition that petitioners are permanent residents of Narasimha Reddy Nagar, Kurnool. Respondent No.3 constructed a residential apartment in the name and style of ‘Ashritha Apartments’ in Narasimha Reddy Nagar locality by encroaching into the Government land i.e., K.C.Canal and in contravention of the sanctioned plan. Respondent No.1 Corporation granted permission for construction of 16 flats only, but respondent No.3 constructed 32 flats. Inspite of it, respondent No.1 Corporation allotted individual door numbers and sanctioned water tap connection to all the flats. Already, there is an acute scarcity of drinking water in their locality and due to illegal extract of water by using heavy motors, the petitioners and other locality people are not getting the drinking water and hence, they are forced to purchase purified water. Inspite of bringing the same to the notice of respondent No.1, no action has been initiated and hence, they submitted a written representation on 05.01.2011, but there is no response. The Irrigation Department lodged a criminal complaint against respondent No.3 for the illegal encroachment on the K.C.Canal land, which was registered as Crime No.184 of 2011 on the file of II Town Police Station, Kurnool. Hence, the present writ petition. 3. Respondent No.1 filed a counter-affidavit stating that he granted permission for construction of 16 flats only but respondent No.3 constructed 32 flats in contravention of the sanctioned plan. On verification of the ownership documents, door numbers were provided by the Revenue section to all the 32 flats as they were already constructed by respondent No.3. Respondent No.3, as President of Ashritha Apartments, made an application, dated 12.08.2009, to respondent No.1 to sanction water tap connection for all the 32 flats. Respondent No.3 filed the required documents viz., building approval order, dated 16.02.2005, along with the property tax demand and payment receipts upto date along with the application as per the rules. The Engineering Section of this respondent made estimation under the donation and additional donation charges and informed respondent No.3 to deposit the required sum in Corporation for sanction of water tap connection with meter. Accordingly, respondent No.3 deposited a sum of Rs.2,30,000/- to get water tap connection under meter system as per Section 15-0-1 under Water Supply Bye-laws of this Corporation and by making arrangements for installation of new ISI water meter with required size. As such, respondent No.1 sanctioned water tap connection for Ashritha Apartments as per Section 15-0-1 under the Water tap bye-laws of this respondent. This respondent is making efforts to proceed against respondent No.3 by issuing a statutory notice for removal of deviations etc., as per Section 452 of the Greater Hyderabad Municipal Corporation Act, 1955 and taking action for removal/demolition of the deviations according to the procedure. 4. Respondent No.3 filed counter-affidavit stating that the petitioners are hired/created by his vendors and the local politician, who have vested interest in causing damage to all his properties and reputation and several other writ petitions have also been filed by different persons under hire targeting him and his family members to cause financial loss and damage to his property and reputation and it clearly shows that the present writ petition is also one such writ petition filed with a mala fide intention. 5. The grievance of the petitioners is that illegal water tap connection was given to the residential complex of respondent No.3 and thereby, the petitioners are deprived of getting the water in their taps and hence, they made a request to the Commissioner to take immediate steps for disconnection of the illegal tap connection. By virtue of this tap connection, the people of their locality are not getting the water supply and they are forced to purchase water on payment of costs. The subject matter as seen from the representation is to take necessary action for disconnection of illegal tap connection by the respondents. The counter filed by respondent No.1 would clearly go to show that the competent authority sanctioned water tap connection for Ashritha Apartments as per Section 15-0-1 under the Water Tap bye-laws of the respondent. Respondent No.3 has made a donation to an amount of Rs.2,30,000/- to get water tap connection under meter system. Therefore, when the water tap connection given to respondent No.3 is completely in accordance with law, there is no violation of any rules for giving water tap connection to the residential complex of respondent No.3. Respondent No.1 sanctioned the water tap connection on payment basis only as per the rules. Therefore, the question of consideration of the representation of the petitioner does not arise. The writ petition is devoid of merit and is liable to be dismissed. 6. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. ​ _​_____________________ JUSTICE K.C.BHANU 09th November, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.27731 OF 2011 Date:09.11.2011 AMD