IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 883 of 2001 Between: 1 Konijetti Subba Ratnam, S/o.Malakondaiah, Abbas Veedhi , Kaikalur Mandal, Krishna District. 2 Kolipakula Venkateswara Rao, S/o.Subba Rayudu, Santha Market Road, D.No.7/129 , Kaikalur, Krishna District. ..... PETITIONERS AND 1 The District Panchayat Officer, Krishna at Machilipatnam. 2 The Divisional Panchayat Officer, Gudivada , Krishna District. 3 The Dy. Executive Engineer, P.R.R.W.S. Sub Division, Kaikalur , Krishna District. 4 The Executive Officer, Kaikalur Gram Panchayat, Kaikalur Mandal, Krishna District. .....RESPONDENTS 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 issue a writ , order or direction especially one in the nature of Writ of Mandamus declaring the Proceedings of the 1st Respondent in R.O.C.No.3571/2000 , No.6 , Dt: 8-11-2000 and the Proceedings of the 3rd Respondent in Lr.No.C.A1/2000 , Dt: 24-11-2000 , directing the 2nd and 4th Respondent respectively to disconnect the top connections given to the petitioners as being arbitrary and illegal and consequently set aside the same and pass such other order or orders. Counsel for the Petitioner: MR.P.SRI RAGHU RAM Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION No : 883 of 2001 O R D E R: The present Writ Petition is ﬁled challenging the proceedings of the District Panchayat Oﬃcer, Krishna at Machilipatnam in R.O.C.No.3571 of 2000 dated 08-11- 2000 and the proceedings of the Deputy Executive Engineer P.R.R.W.S Sub-Division, Kaikalur, Krishna District in letter No.C.A1/2000 dated 24-11-2000, directing the Divisional Panchayat Oﬃcer, Gudivada, Krishna District and the Executive Oﬃcer, Kaikalur Gram Panchayat, Kaikalur Mandal, Krishna District to disconnect the tap connections provided to the Petitioners. It is represented that the issue raised in this Writ Petition is covered by the order dated 09-03-2004 passed by a learned Judge of this Court in a connected Writ Petition, W.P.No.26441 of 2000. A copy of the said order has been placed before this Court and it would show that the learned Judge, while recording the fact that the tap connections were provided to the Petitioners in that case, basing upon the resolution passed by the Gram Panchayat without requisite permission being given by the concerned authority viz., the Superintendent Engineer, P.R.R.W.S, directed that the Petitioners therein should make a representation to the District Collector as well as the District Panchayat Oﬃcer, who would forward the same to the Deputy Executive Engineer P.R.R.W.S Sub-Division, Kikalur, Krishna District for undertaking a study as to the technical feasibility for providing the tap connections. Adopting the direction given by this Court in the earlier Writ Petition, the present Writ Petition can be disposed of directing the Petitioners herein to make a similar representation to the District Collector, Krishna District and also the District Panchayat Oﬃcer, who shall forward the same to the Deputy Executive Engineer, P.R.R.W.S Sub-Division, Kaikalur, Krishna District, the third Respondent in the Writ Petition, for undertaking a study as to the technical feasibility for providing tap connections to the Petitioners. In the event the third Respondent, after due enquiry concludes that the Petitioners can be provided tap connections, he shall forward a report stating to that eﬀect to the District Collector, who shall pass appropriate orders, provided he has not cancelled the resolution passed by the Gram Panchayat. In the event of the said resolution having been cancelled in the meanwhile, the District Collector is at liberty to issue appropriate instructions to the Gram Panchayat for regularizing the tap connections provided to the Petitioners, duly intimating the fact that the Third Respondent issued a favourable report with regard to the technical feasibility for providing tap connections to the Petitioners. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. _______________________ P.V.SANJAY KUMAR,J Date: 18-09-2008 KLP