IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND NINE :PRESENT: THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 6153 of 2009 Between: V. Polaiah, S/o. Narasimha Murthy, ..... PETITIONER AND 1 The Superintending Engineer, Panchayat Raj, RT Department, Eluru. 2 The District Collector, Eluru. 3 The Mandal Revenue Officer, Nidadavolu, West Godavari Dsitrict. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ order or direction particularly one in the nature of writ of Mandamus declaring the laying of under pipe line from waste water drain flowing from Korupalli Village to Narsapur main road as illegal, arbitrary, unconstitutional being violative of Articles, 14, 21 and 300-A of the Constitution of India and also consequently to direct the respondents to not to lay any underground pipe lines connecting the waste drain water to the petitioner's lands in between the road to be laid between Korupalli Village to Narsapur main road; The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and upon hearing the arguments of SRI P. JAGADISH CHANDRA PRASAD, Advocate for the Petitioner and of the Govt. Pleader for Revenue for the respondents, the Court made the following ORDER: Post the writ petition ‘ for admission’ on 1-04-2009 in the motion list. The Superintending Engineer, Panchayat Raj, R.T. Department, Eluru, the first respondent herein shall make a visit to Korupalli Villge of Nidadavolu Mandal, and in particular, the place where the culvert is being constructed and find out whether the proposed culvert would lead inundation of the lands of the petitioner and others. He shall consider the feasibility of constructing the culvert at different place, duly ensuring safety to the road as well as to the lands of the petitioner. The report of the first respondent shall be made available to this Court by the next date of hearing. The construction of the culvert at the proposed site is stayed, for a period of four weeks. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Superintending Engineer, Panchayat Raj, RT Department, Eluru.(BY SPEED POST/RPAD) 2 The District Collector, Eluru. 3 The Mandal Revenue Officer, Nidadavolu, West Godavari Dsitrict. ( 2 & 3 by RPAD) 4. 2 CCs to the G.P.for Revenue, High court of A.P.Hyd.(BY SPL. MESSENGER) 5. One C.C.to Sri P. Jagadish Chandra Prasad Advocate. (OPUC) 6. one spare copy. HIGH COURT LNR.J DATED 24-03-2009 POST THE W.P. FOR ADMISSION ON 1-04-2009 IN THE MOTION LIST. ORDER W.P.NO. 6153 OF 2009 STAY Bsr Dt. 25-3-2009 HIGH COURT LNR.J DATED 24-03-2009 POST THE W.P. FOR ADMISSION ON 1-04-2009 IN THE MOTION LIST. ORDER W.P.NO. 6153 OF 2009 STAY