THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.25028 of 2011 Date:13.10.2011 Between: M/s Rasasri Infrastructure (P) Ltd., Yellareddyguda, Hyderabad, Reptd by Its Managing Director-Y.Nayudamma ..... Petitioner AND Hyderabad Metro Water Supply and Sewerage Board, Hyderabad and three others. .....Respondents Counsel for the Petitioner: Sri G.Vasantha Rayudu Counsel for Respondent Nos.1 to 3: Sri V.Sudhakar Reddy, Standing Counsel for HMWS Counsel for Respondent No.4: Dr.Y.Padmavathi The Court made the following: ORDER: This Writ Petition is filed for a Mandamus to declare the inaction of the respondents in removing the road and shifting water and drainage pipelines from the private property of the petitioner at Tawakkalnagar, Yellareddyguda, Hyderabad, as illegal and arbitrary. According to the petitioner, it has purchased property admeasuring 1,100 square yards in premises bearing MCH.Nos.8-3-633/25/2, 1, 25, 24, 24/1, 24/2, 23, 13 to 15 of Tawakkalnagar, Yellareddyguda, Hyderabad. The petitioner approached respondent No.1 for realignment of water and sewage pipelines passing through the property claimed by it and accordingly, an estimate was prepared, comprising Rs.1,25,000/- for realignment of water supply distribution pipeline and Rs.50,000/- for realignment of sewage pipeline. The petitioner has paid the said money for execution of the said works. On the ground that respondent Nos.1 to 3 have not executed the works, the present Writ Petition is filed. A counter-affidavit is filed by respondent No.3 on behalf of himself and respondent Nos.1 and 2, wherein it is inter alia stated that the petitioner’s request for realignment was accepted and payments were already received from the petitioner. It is further stated that the work of realignment/laying of water supply and sewage pipelines was entrusted to a Contractor; that sewage pipeline was already laid and the said work was completed in the month of May, 2010; that consequent on the laying of new sewage pipeline outside the petitioner’s property, the existing sewage pipeline has become defunct. As regards the work of laying water supply pipeline, the Contractor has abandoned the work and a letter was addressed on 22.09.2011 to the Sub-Inspector of Police, Hyderabad Metro Water Supply and Sewerage Board (for short ‘HMWSSB’), to provide protection to labour to complete the work as local people were obstructing the work. It is further stated that laying of water supply pipeline will be completed within two months. At the hearing, learned counsel for the petitioner submitted that his client has made payment of Rs.1,75,000/- to completely remove the water and sewage pipelines existing underneath the property in its occupation. Sri V.Sudhakar Reddy, learned Standing Counsel for HMWSSB, representing respondent Nos.1 to 3, submitted that the scope of the work undertaken by respondent Nos.1 to 3, for which payment has been made, involved laying of new pipelines for water supply and sewage to facilitate the petitioner to utilise the property in its occupation without any hindrance. The question whether the scope of work involves removal of the pipelines or not being a disputed question of fact cannot be adjudicated in this Writ Petition. If the petitioner feels that respondent Nos.1 to 3 have not removed the pipelines in accordance with the understanding between them, it shall be free to file a civil suit. As regards the removal of road, no agreement was entered into between the petitioner and respondent No.4. Therefore, no direction can be issued to the said respondent. Subject to the above observations, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, W.P.M.P.No.30780 of 2011 filed by the petitioner for interim relief is disposed of as infructuous. __________________________ C.V.NAGARJUNA REDDY, J 13th October 2011 DR