THE HON’BLE SRI JUSTICE K. LAKSHMAN

ORDER:

Heard Sri P.N. Dayakar, learned counsel for petitioner and learned Government Pleader for School Education appearing for respondent Nos.1 and 4.

2. According to the petitioner, he is a resident of house bearing No.3-17, Undavelly Village, Itikyal Mandal, Jogulamba Gadwal District. He is an agriculturist and is holding few acres of land. He has a house and it is adjacent to 6^th respondent school. It is further contended by the petitioner that 6^th respondent school is proceeding with the construction of 12 toilets which will disturb the existing drainage in the area and there is every possibility of drainage mixing with the drinking water channel. Therefore, petitioner filed the present Writ Petition to declare the action of the respondents in constructing toilets at the disputed site as illegal. He is seeking a consequential direction to the respondents to relocate the toilet complex in any other suitable area within the school premises.

3. Learned Government Pleader for School Education has produced written instructions and also photographs and stated that the school is in existence since 1964 and it is a high school. There are 365 students including 250 girl students. Therefore, 6^th respondent is constructing 12 toilets to cater the needs of the students including 250 girl students. There is no irregularity in the same. The said written instructions and photographs are placed on record.

4. According to the learned Government Pleader for School Education, the subject school is in Acs.7.00 of land and 6^th respondent is constructing toilets on the northern side of the school. The petitioner has constructed four floors building and there are 8 toilets. Even then, he is objecting to the construction of 12 toilets by 6^th respondent. With the said submissions, he sought to dismiss the present Writ Petition.

5. As discussed supra, except stating that the construction of toilets by 6^th respondent school will lead to drainage problem and there is every possibility of drainage mixing with drinking water, the petitioner has not stated any other reason to stall the said construction. In fact, it is not in the disputed location. It is not his case that due to the construction, his easementary rights would be affected.

6. Admittedly, 6^th respondent school is in existence since 1964 and it has 365 students including 250 girl students. In order to cater the needs of the students including girl students, 6^th respondent is proceeding with the construction of 12 toilets within the school premises. Therefore, the petitioner cannot contend that 6^th respondent has to relocate the subject toilet complex in any other suitable area within the school premises.

The same is without any basis.

7. In the light of the above, petitioner is not entitled to the relief much less the relief sought in the present Writ Petition.

Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.

Miscellaneous applications, if any pending, shall stand closed.

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K. LAKSHMAN, J

10^th JULY, 2025.

krk/kvni