HON’BLE SRI JUSTICE N.V.RAMANA W.P. No. 1853 of 2009 O r d e r: The petitioner claims that he is the absolute owner and possessor of the land in an extent of Ac. 0.16 cents in Sy. No. 635-2B and an extent of Acs. 0.06 cents in Sy. No. 635-2C of Amarapuram village and Mandal, Anantapur District, and that the official respondents have laid a cement road with a length of 60 Mts. And width of 30’ in Amarapuram village from Kothur Textiles to ATS Textiles. While so, the petitioner states that the official respondents without issuing any notice and without following the due process of law, are constructing two storm-water drains in the land in question, along his land, and it is his grievance that if the same is allowed to be constructed, the land in question would be damaged. This Court, by an order dated 04.02.2009, while ordering notice before admission, and considering the submission made by the learned counsel for the petitioner, directed status quo obtaining as on that date to be maintained. Notice having been received, on behalf of the official respondents, the 3rd respondent filed counter affidavit supported by material papers, denying the averments made by the petitioner in the affidavit filed in support of the writ petition. The learned Assistant Government Pleader for Transport and Roads and Buildings appearing on behalf of the official respondents, reiterating the counter averments submitted that the road leading from Madakasira to Amarapuram falls in Sy. No. 626 and it passes through the land in Sy. Nos. 663 and abuts the land in Sy. No. 631, and the same in no manner touches the land in Sy. No. 635. The irrigation channel from Amarapuram tank, passes through the lands in Sy. Nos. 672 and 671 and takes diversion at the lands in Sy. Nos. 631 and 636, and due to non-availability of proper storm water drains, the water passing through the said channel, is stagnating on the road, thereby damaging it every now and then. It is submitted that the land in Sy. No. 663 belongs to R & B Department. The petitioner has illegally constructed a building of 12’ x 15’, which is blocking the laying of the storm-water drain pipe line which is being laid across the road, preventing stagnation and thereby enduring free flow of traffic on the road. It is submitted that except the petitioner all other persons who encroached the road margins have already removed the illegal constructions and prayed for dismissal of the writ petition. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Transport and Roads & Buildings for respondent Nos.1 to 3. None appeared for Respondent No.4. Admittedly, the petitioner claims to be the owner of the lands in Sy. Nos. 635-2B and 635-2C. Though he contends that the official respondents are laying the storm-water drain pipe line through his land, the same is disputed by the official respondents. It is the case of the official respondents that a road leading from Madakasira to Amarapuram which falls in Sy. No. 626 passes through the land in Sy. No.663, and as the water flowing from the irrigation channel is stagnating on the said road thereby damaging it, the official respondents are laying storm-water drain pipeline through the said land. The official respondents contend that the land in Sy. No. 663 in which they are laying the storm-water drain pipeline belongs to them. The sketch produced by the official respondents in relation to the laying of the storm-water drain pipeline shows that it is in no way touching the land of the petitioner. Since the official respondents are laying drainage pipeline in the land in Sy. No.663 in the land belonging to them across the road, with a view to preventing stagnation of storm-water, and protect the road from being damaged, which is in public interest, I am of the considered opinion the petitioner cannot have any objection to the laying of the storm-water drain pipeline by the official respondents in the land belonging to them. There is no merit in the writ petition and the same is accordingly dismissed. No costs. _______________ N.V.RAMANA,J Dated: 25th February, 2009 KSR