THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.7960 of 2002 DATED 02.09.2009 BETWEEN: A.Satyananda Rao … Petitioner AND The District Collector, East Godavari District at Kakinada, And others. … Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.7960 of 2002 ORDER: Petitioner is resident of Kakinada. He owns agricultural land in survey Nos.167/12 and 167/13 (total extent of Acs.1.25) in Turangi Village and Gram Panchayat in East Godavari District. His land is situated on the southern side of a water body called ‘Bodducheruvu’ in an extent of Acs.4.28 in survey No.166. He alleges that whenever there is shortage/scarcity of water in Kakinada, water tankers draw water from this tank and at the relevant time, water became unfit for human consumption due to pollution. Third respondent, namely, Village Gram Panchayat decided to construct school on the southern side of the tank by utilizing the funds made available by State Government under local MLA Funds. Therefore, he filed instant writ petition seeking writ of Mandamus declaring the action of respondents in proposing to construct school in the tank bund of ‘Bodducheruvu’ as illegal and arbitrary and for other directions. This Court on 03.10.2002, passed orders directing Principal Junior Civil Judge, Kakinada, to conduct enquiry and submit a report. Vide communication, dated 05.11.2002, learned Junior Civil Judge submitted report. Thereafter on 29.08.2003, this Court having found that ‘Bodducheruvu’ is a source of drinking water, ordered status quo. This Court has perused report, dated 05.11.2002, of the Principal Junior Civil Judge, Kakinada. Though at present water is not being used for human consumption, it is certainly a drinking water source, and therefore, it would not be congenial to allow construction of school on the tank bund of said water body. Further, as rightly pointed out by learned Assistant Government Pleader as there was order of status quo, project of construction of school, which was proposed to be constructed with local MLA funds, in all probability, might have been shelved. Therefore, the writ petition is disposed of observing that if there is need for construction of school or extension of school building, respondents may find alternative land for such purpose. The writ petition is accordingly disposed of. There shall be no order as to costs. _______________ (V.V.S.RAO, J) 02.09.2009 pln