THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.5387 of 2011 Dated 28th March, 2011 Between: Gowra Rama Devi …Petitioner And The District Collector, Officer of District Grievance Cell, Guntur, Guntur District and others …Respondents Counsel for the petitioner: None appeared Counsel for Respondent Nos.3 & 4: GP for Panchayat Raj Counsel for Respondent Nos.1 & 5: AGP for Revenue The Court made the following: ORDER: This writ petition is filed for a mandamus to direct the respondents to maintain hygienic conditions in the surroundings of the petitioner’s house. At the hearing, there is no representation for the petitioner. I have heard the learned Assistant Government Pleader for Revenue, representing respondent Nos.1 and 5, and the learned Government Pleader for Panchayat Raj, representing respondent Nos.3 and 4. The petitioner’s grievance, as expressed in her affidavit filed in support of the writ petition, is that in the open land adjacent to her house bearing No.5-76 of Kurrappalem Village, Gullapalli Panchayat, Cherukupalli Mandal, Guntur District, the neighbours are dumping waste and garbage, which are causing health hazards and severe inconvenience to her family. It is her further pleaded case that on 04.10.2010, she gave a representation to respondent No.5 and as no action was taken, another representation, dated 18.10.2010, was given. That after receiving the second representation, the office of respondent No.1 gave an endorsement with an assurance to remove the waste material on or before 03.11.2010. However, despite the said assurance having been given, no action has been taken for removing the garbage and maintenance of hygienic conditions. Separate counter affidavits have been filed by respondent Nos.1 and 5, and respondent No.4. In the counter affidavit filed by respondent No.5, it has been inter alia stated that a report was called for from the Panchayat Secretary of the Gram Panchayat concerned and that in his report, dated 28.02.2011, submitted to respondent No.1, the Panchayat Secretary has stated that he has conducted an enquiry in the village, recorded the statements of the petitioner’s neighbours and some other villagers to the effect that the garbage on the road margin was removed, apart from removing the drumstick tree, existence of which, was being objected to by the petitioner and that they are dumping the waste and garbage within their compound walls and therefore, the same is not causing inconvenience to the petitioner. In the counter affidavit filed by respondent No.4, it is stated that it is the duty of the executive authority under Section 94(1) of the A.P.Panchayat Raj Act, 1994 (for short ‘the Act’) to improve the sanitary conditions in any area by issuing a written notice requiring the owner or occupier of any land or houses to maintain sanitation and that Section 93 of the Act prohibits allowing filthy or drain water on a public road and that if the garbage is dumped at particular place, the Panchayat Secretary has to take appropriate action. It is further stated that in his letter, dated 28.02.2011, the Panchayat Secretary informed respondent No.1 that due to personal rivalry between the petitioner and his neighbours, the former has been giving representations. It is also stated that on receipt of the representation, dated 18.10.2010, from the petitioner, respondent No.4 has directed the Extension Officer (PR & RD), Cherukupalli, to take immediate action and in turn the Extension Officer directed the Panchayat Secretary to attend to the petitioner’s grievance. Accordingly, the Panchayat Secretary personally visited the place where the alleged garbage is dumped and found that the garbage dumped by the petitioner’s neighbours was in their own site. From the contents of the two counter affidavits, it is evident that the existence of garbage is not disputed. But both these respondents asserted from the report of the Panchayat Secretary that the garbage is being dumped over the private site of the petitioner’s neighbours. As averred in the counter affidavit filed by respondent No.4, it is the duty of the Panchayat Secretary to maintain proper sanitary conditions in the Gram Panchayat area. Irrespective of whether garbage is dumped in a private land or over a public land, so long as existence of such garbage causes health hazards, the same cannot be permitted. It is not the pleaded case of the respondents that the garbage will not cause health hazards. On the contrary, if garbage is permitted to exist for long periods, it will get decomposed spreading bacteria and viruses causing various diseases. Such a situation cannot be allowed to exist by the Gram Panchayat. Respondent Nos.2, 4 and 5 are therefore directed to take appropriate steps to ensure that the garbage dumped by the petitioner’s neighbours on their plots is removed and see that appropriate arrangements are made in future for disposal of the garbage by the residents of the Gram Panchayat. Subject to the above directions, the writ petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.6688 of 2011 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 28th March, 2011 VGB