HIGH COURT OF ANDHRA PRADESH MONDAY ,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR PRSENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 25847 OF 2013 Between:
1. The Kanala Gram Panchayat Sanjamala Mandal, Kurnool District, Represented by its Sarpanch, M.Rangamma, aged about 55 years, W/o.M.Venkata R/o.Kanala Village, Sanjamala Mandal, Kurnool District.
...PETITIONER(S)
AND:
1. The State of Andhra Pradesh represented by District Collector, Kurnool.
2. The Sub-Inspector of Police, Sanjamala Police Station, Kurnool District.
3. Pola Venkata Reddy, aged 82 years, S/o.Vengal Redy, R/o. Kanala Village, Sanjamala Mandal, Kurnool District.
4. Pola Rama Krishna Reddy, aged 32 years, S/o.Venkata Reddy, R/o. Kanala Village, Sanjamala Mandal, Kurnool District.
...RESPONDENTS Counsel for the Petitioner(s): M N NARASIMHA REDDY Counsel for the Respondents: GP FOR HOME The Court made the following: ORDER HON’BLE DR.JUSTICE K.MANMADHA RAO Writ Petition No.25847 of 2013
ORDER :
This Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief:
“….directing the respondents not to interfere with the maintenance of “Mineral Plant” constructed by Kanala Gram Panchayat in the open land in Sy.No.278 within the boundaries of East : Milk Centre, West : Cement Road, North : Houses of Lakshminarayana and Gandla Sivamma and South : Village Well, which is Grama Nattam of Kanala Village, Sanjamala Mandal, Kurnool District and pass such other order or orders.....”
2. Heard Mr.V.Srinivasula Reddy, learned counsel, represented on behalf of Mr.M.N.Narasimha Reddy, learned counsel for the petitioner and learned Assistant Government Pleader for Home, appearing for the official respondents.
3. On 20.09.2013, when the writ petition came up for admission, this Court ordered W.P.M.P.No.31920 of 2013 by observing that the Gram Panchayat is permitted to operate the mineral water plant, but not the respondents 3 and 4 herein.
4. During hearing, learned Assistant Government Pleader for Home has submitted a copy of instructions of the 2nd respondent-Station House Officer of Sanjamala Police Station, dated 21.01.2024, wherein it was stated that on receipt of instructions from his superior officers, the 2nd respondent visited Kanala village, secured the petitioner and recorded her statement, which discloses that to overcome the water problem in their village, their villagers collected donations and constructed a mineral water plant for the interest of public welfare, but the respondents 3 and 4 tried to occupy the mineral plant. As such, the petitioner approached this Court by way of this writ petition seeking the aforesaid relief. The 2nd respondent further submits that police did not interfere in the water plant issue at any point of time and at present, the water plant is running regularly. Further stated that the statement of the petitioner did not state anything adverse against the police.
5. So, in view of the above instructions along with statement of the petitioner, it appears that the petitioner completed her five years tenure as well as the water plant is running regularly. However, it is the opinion of this Court that the water plant is maintaining by the Sarpanch, who is the elected body, from time to time and that the police never interfered with the water plant issue at any point of time.
6. Accordingly, the Writ Petition is closed. No order as to costs.
As a sequel, interlocutory applications, if any pending, shall stands closed.
_____________________________ DR. K. MANMADHA RAO, J.
Date : 22.01.2024
HON’BLE DR.JUSTICE K.MANMADHA RAO Writ Petition No.25847 of 2013 Date: 22.01.2024 ARR
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