APHC010306152021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

THURSDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 18407/2021 Between:

1. PETCHATTI KANAKA RAO, S/O PATIYYA, AGED ABOUT 55 YEARS, AGRICULTURE, R/O D.NO. 2-193, HARIJANA PETA, PENUMANTRA VILLAGE AND MANDAL, WEST GODAVARI DISTRICT.

2. MEDAPATI SRINIVASA REDDY, S/O SATTI REDDY, AGED ABOUT

54 YEARS, AGRICULTURE, R/O D.NO. 2-19, PALI VILLAGE, ATTILI MANDAL, WEST GODAVARI DISTRICT.

3. MEDAPATI SOWBHAGYAVATHI, W/O PEDA VEER REDDY, AGED ABOUT 44 YEARS, AGRICULTURE, R/O D.NO. 5-5, PALI VILLAGE, ATTILI MANDAL, WEST GODAVARI DISTRICT ...PETITIONER(S)

AND

1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

2. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, WEST GODAVARI DISTRICT, ELURU.

3. THE DISTRICT PANCHAYAT OFFICER, WEST GODAVARI DISTRICT, ELURU.

4. THE TAHSILDAR, ATTILI MANDAL, ATTILI, WEST GODAVARI DISTRICT.

5. PALI GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, PALI VILLAGE, ATTILI MANDAL, WEST GODAVARI DISTRICT.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, order or orders specially one in the nature of Writ of Mandamus declaring the action of the respondents in trying to establish solid waste/Dump yard in Sy.No.9 (Classified as Bandi Dari), in between petitioners land and the Puntha(Bandi Dani) margin, of Pali Village, Attili Mandal, West Godavari District, is illegal, arbitrary, contrary to the provisions of the Andhra Pradesh Panchayat Raj, Act, 1994 and the Rules made there under, The Solid Waste Management Rules, 2015, dt 8-4-2016 and Art 14 and 21 of the Constitution of India and consequentially desist the respondents from establishing the solid waste/dump yard in land stated supra and pass such IA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to establish the solid waste/Dump yard in Sy.No. 9 (Classified as Bandi Dari), in between petitioners land and the Puntha(Bandi Dan) margin, of Pali Village, Attili Mandal, West Godavari District, pending disposal of the above Writ Petition and pass such Counsel for the Petitioner(S):

1. T V JAGGI REDDY Counsel for the Respondent(S):

1. GP FOR REVENUE

2. GP FOR PANCHAYAT RAJ RURAL DEV

3. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT)

The Court made the following order:

Aggrieved by the action of respondents in trying to establish solid waste/dump yard in survey No.9, which is classified as ‘Bandi Dari’, in between the petitioners’ lands and Puntha (Bandi Dari) margin of Pali Village, Attili Mandal, West Godavari District, the present Writ Petition has been filed.

2. Heard Sri T.V.Jaggi Reddy, learned counsel for the petitioners, Smt D.Chandrika, learned Assistant Government Pleader for Panchayat Raj, Sri Chandra Sekhar, learned Assistant Government Pleader for Revenue and Sri Y.Koteswararao, learned standing counsel for Gram Panchayat.

3. Learned counsel for the petitioners, in elaboration to what has been stated in the affidavit, contended that on the western side of the agricultural lands of the petitioners, the Government Puntha (Bandi dari) is situated in survey No.9 of Pali village, Attili Mandal and the farmers used the same for their ingress and egress to reach their fields. He further submitted that the officials of respondent No.5 informed that they are going to establish the solid waste dump yards in survey No.9 Putha and they have passed necessary resolutions in the Gram Panchayat committee in that regard. If the said Putha is converted into dump yard, the petitioners along with other farme