Andhra Pradesh High Court
Judges : B.S.REDDY, DEVENDER GUPTA
B.Sreeramulu - Appellant
Versus
Chief Executive Officer, Cantonment Board, Secunderabad - Respondent
Decided On : 03-16-05
Constitution of India,1950 - Articles 226 and 21 - Fate of his representation - Premises bearing - Due to paucity of water - Legal practitioner has filed this writ petition purportedly in Public interest Litigation under Article 226 of the constitution of India seeking the following relief for the reasons stated in the accompanying affidavit - Petitioner herein prays that Court may be pleased to issue an appropriate writ order or direction particularly a writ in the nature of mandamus directing the respondent to supply water to the petitioner and to all the residents - Petitioner claims to be residing in the ground floor of the premises bearing representations dated nil were said to be submitted in the public interest litigation cell of the High Court of A. P - As could be seen from the said two representations - first representation was signed by nine individuals and the second representation was signed by four individuals. The signatories to the first representation are residents of Plot - Signatures to the second representation are four individuals and they are residents of Plot Nos. 3, - There seem to be a welfare Society for the residents - Petitioner addressed to the respondent requesting for rectification of the valve located near Provision Centre at the entrance of the colony - petitioner addressed the letter to the respondent since it gives a clue to know whether the writ petition is filed to espouse his personal grievance or in the public interest as a champion of public cause – Held, Respondent-Board to consider same and inform the writ petitioner fate of his representation - If the writ petitioner is not satisfied with the reply and if he so chooses to work out the remedies through the process of law, he is at liberty - Writ petition filed by the petitioner, in our considered cannot be termed as a Public Interest Litigation - As such we are not inclined to go into the merits of contentions advanced by the writ petitioner on other aspects more particularly in view of the stand taken by the respondent-Board - For water supply the board is wholly dependent on metro Water Supply and Sewerage Board - It has taken up the matter with later - Who is likely to take over the entire water supply to the cantonment area shortly - writ petition is dismissed
( 1 ) SRI B. Sreeramulu, a legal practitioner has filed this writ petition, purportedly in Public interest Litigation under Article 226 of the constitution of India seeking the following relief:"for the reasons stated in the accompanying affidavit, the petitioner herein prays that this Hon ble Court may be pleased to issue an appropriate writ, order or direction particularly a writ in the nature of mandamus directing the respondent to supply water to the petitioner and to all the residents of lalbahadur COLONY, TRIMULGHERRY, secunderabad-500015 at the rate of two thousand liters per family per day and pass such further or other order or orders as may be deemed fit and proper in the circumstances of the case. "
( 2 ) THE writ petitioner claims to be residing in the ground floor of the premises bearing Plot No. 20, LALBAHADUR colony, Trimulgherry, Secunderabad- 500015. Two representations dated nil were said to be submitted in the public interest litigation cell of the High Court of A. P. on 8. 2. 2005. As could be seen from the said two representations, copies of which have been enclosed to the letter dated 8. 2. 2005, 25 families have been residing in the colony named as LALBAHADUR COLONY, trimulgherry, Secunderabad. The first representation was signed by nine individuals and the second representation was signed by four individuals. The signatories to the first representation are residents of Plot nos. 5, 9, 21, 22, 25, 28, 32 and 33 (two persons ). The signatures to the second representation are four individuals and they are residents of Plot Nos. 3, 16, 29 and 34. There seem to be a welfare Society for the residents of L. B. Colony styled as LAL bahadur COLONY WELFARE SOCIETY. One Sitaram Badal claims to be a Treasurer of the said Society till February, 2005. The writ petitioner addressed a fetter dated 16. 3. 2004 to the respondent requesting for rectification of the valve located near ganesh Provision Centre at the entrance of the colony. The text of the letter reads that his request was on behalf of the residents of LAL BAHADUR COLONY, trimulcherry, SECUNDERABAD and his status was as Counsel for them. We are cautiously referring the capacity in which the writ petitioner addressed the letter to the respondent since it gives a clue to know whether the writ petition is filed to espouse his personal grievance or in the public interest as a champion of public cause.
( 3 ) THE writ petitioner addressed a letter dated 9. 2. 2005 to the respondent wherein he expressed difficulties faced personally by him and by the members of his family due to paucity of water and requested for immediate supply of water to him through a two inch pipeline. Ofcourse, he adds the necessity of water to the residents of LALBAHADUR COLONY at large. In order to know what was the grievance of the writ petitioner against the respondent, we deem it appropriate to refer to paragraphs (5) and (6) of his letter dated 9. 2. 2005, which read as under:"5. Pending filing of a proper petition in the Court, I once again request you to supply water to me through a 2" pipe line immediately and till the pipe line is laid and connection is provided to me you may kindly direct the superintendent, water section to supply water to me at the rate of one thousand litres per day. I am prepared to deposit the expenses incurred by you towards purchase of water from the Hyderabad Metropolitan Water Works in advance if you are kind enough to intimate me at an early date and oblige. 6. At the cost of repetition I may state that my wife had donated one of her kidney to her youngest brother in the kidney transplant surgery performed on him on 22. 11. 2004 at MOOLJIBHAI UROLOGICAL hospital, NADIAD in Gujarat State and we are all passing through some hard times facing acute shortage of water in the locality. In the circumstances, 1 once again appeal to you through this letter to provide me water connection through 2" pipe line and pending provision of the said
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