THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION No.10433 of 2008 DT.O8.09.2011 Between: Karri Babu Rao s/o Pydi Raju … Petitioner And The Gram Panchayat, Yadavolu, Devarapalli Mandal, West Godavari District And another. … Respondents Counsel for the Petitioner: Sri K.Venkatesh Counsel for respondent: Sri The Court made the following ORDER: THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION No.10433 of 2008 O R D E R: This writ petition is filed seeking directions by way of Mandamus to declare the action of the respondents to disconnect the Water Tap Connection bearing No.797 to the house of the petitioner situated in Sy.No.133 of Yadavolu Village, Devarapalli Mandal, West Godavari District. The petitioner has purchased an extent of 450 Sq.Yards of House Site in Sy.No.133 of Yadavolu Village, Devarapalli Mandal, West Godavari District and constructed a house. It is the grievance of the petitioner that though he has obtained Water Tap Connection from the Gram Panchayat bearing No.797, without issuing prior notice and opportunity the respondents are taking steps to disconnect the tap connection. The 1st respondent/Panchayat Secretary of Yadavole Gram Panchayat, Deverapally Mandal, West Godavari district filed counter affidavit. In the counter affidavit while denying the various allegations of the petitioner, it is stated that though the petitioner has purchased an extent of 450 Sq. Yards of House site in Sy.No.133 of Yadavolu Village and constructed house, but without taking permission from the Gram Panchayat, he has managed to get Water fee bill of Rs.360/- and the water tap connection is purely an unauthorised one. At the same time, the counter refers to the resolution passed by the Gram Panchayat in the General Body meeting held on 7-7- 2007 to regularise such connections by collecting deposits from the house owners, who are having unauthorised Tap Connections by paying Rs.2,150/- . It is stated that majority of such persons, who are similar to the petitioners have already made deposits, but the petitioner having agreed to pay such deposit, did not pay the same and approached this Court and obtained interim orders. At the stage of admission, on 2-5-2008 this Court has granted interim orders and further on a stay vacate petition filed by the respondents, by order dated 10-11-2010 continued the interim order dated 2-5-2008 subject to the condition the petitioner deposits required amount. As it is the case of the petitioner that Gram Panchayat itself has decided to collect the deposit and continue the Tap Connection, I deem it appropriate to dispose of the writ petition by directing the respondents not to disconnect the Tap Connection of the petitioner bearing No.797 and to continue the same, provided the petitioner has paid the said deposit of Rs.2,150/-. If the deposit is not made as on today, the petitioner to be given notice for making such deposit by giving six weeks time, and if the petitioner fails to make the deposit even after the receipt of notice, it is open for the respondents to take steps for disconnection. Subject to the above, the writ petition is disposed of. There shall be no order as to costs. ____________________ (R.SUBHASH REDDY,J) DATE: 08.09.2011 Grk THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION No.10433 of 2008 DT.08.09.2011