GHULAM MOHAMMED, J.

( 1 ) IN the present writ petition, the petitioners, who are 46 in number, are seeking for issuance of a writ of mandamus declaring the action of the 1 st respondent-Board in not providing individual water connections to the applicants in S. R. K. Puram under Alkapuri Section in L. B. Nagar Municipality area inspite of collecting contribution of Rs. 4,000/- from each of the applicant and others, who are similarly situated, for laying the pipelines and the action of the 2nd respondent in insisting for enforcement of the provisions contained in Board Proceedings No. 88, dated 20-1-1997 after payment of water supply connection charges as illegal, void and consequentially to direct the respondents to provide individual water connections to the petitioners herein forthwith, keeping in view the responsibility of the Municipality in providing such connections even prior to the transfer of responsibility of water supply to the 2nd respondent, after declaring the action of the 1st respondent in refusing to discharge the statutory functions of the Municipality in connection with water supply to the residents of the locality in question as arbitrary, discriminatory and violative of equality clause enshrined in the Constitution.

( 2 ) IT is submitted by the learned Counsel for the petitioners that it is the statutory duty of the Municipality to supply drinking water to the residents of every locality in the Municipality as per Sections 138, 140 and 142 of the A. P. Municipalities Act, 1965 (for short "the Act" ). The 1st respondent-Board being the State within the meaning of Article 12 of the Constitution of India is under the obligation to discharge the statutory duty of providing drinking water as per the Act 15 of 1989 viz. , the Hyderabad Metropolitan Water Supply and Sewerage Act, 1989 (for short "the Sewerage Act" ).

( 3 ) THE L. B. Nagar Municipality desired each of the holder of the house in the locality to pay an amount of Rs. 4,000/-by way of donation to have drinking water supply scheme, and accordingly, a society by name, Income Tax Department Employees Saroornagar Co-operative House Building Society (for short "the Society") collected the said amounts from each individual including the petitioners herein, and that an amount of Rs. 9,18,400/- was deposited by the said society on behalf of the petitioners and others, who are similarly situated, and the 2nd respondent-Municipality has received the said amount. Out of this amount, in April 1996 itself, an amount of Rs. 4,45,000/- was deposited by the 2nd respondent-Municipality with the Public Health Department and it laid the pipelines for two of the six roads of the colony. The balance amount of Rs. 4,73,400/- was also remitted by the 2nd respondent-Municipality to the 1st respondent-Board on 10-12-1996. While so, the Engineering staff of the 1st respondent-Board estimated the cost of laying the pipelines on the remaining roads of the colony at Rs. 25. 30 lakhs. This amount was sought to be collected from the residents though there is no statutory provision. However, 50% of the said estimated cost was paid by the Collector, Ranga Reddy District, under P. V. P. Scheme, and thus, the respondents have failed to discharge their functions, which according to the petitioners, amount to dereliction of duty.

( 4 ) IT is stated that the Commissioner of the 2nd respondent-Municipality wrote a letter dated 22-7-1994 to the General Manager (Engg.), Operation and Maintenance of the Hyderabad Metropolitan Water Supply and Sewerage Board, requesting for arranging connections and release of the water at the earliest. In that letter, it is stated that an amount of Rs. 9,76,556/- was remitted by way of a cheque dated 22-7-1994 drawn in favour of the Director, Finance of the 1 st respondent-Board for off-take arrangements at 1000 mm PSP gravity main line, Phase-III of alkapuri. By G. O. Ms. No. 44, dated 19-1-1993, the collection of donation amount "was enhanced from Rs. 2,000

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