Sarpanch vs Renumala Water And Sanitation ...
2021 Latest Caselaw 3125 AP

      THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR
                         AND
       THE HONOURABLE SRI JUSTICE B.KRISHNA MOHAN

                       WRIT APPEAL No.454 OF 2021


JUDGMENT:- (Per Hon'ble Sri Justice C.Praveen Kumar)

      Heard Sri V. R. Machavaram, learned counsel for the

appellant/respondent No.7, Sri A. S. C. Bose, learned counsel for

respondent No.1/writ petitioner, Sri Kiran, learned Government

Pleader for Panchayat Raj and Rural Development appearing for

respondent Nos.2, 3, 4, 5 and 8, and Sri V. Vinod K Reddy, learned

Standing Counsel for Gram Panchayat appearing for respondent

Nos.6, 7 and 9.

2. With the consent of the parties, this writ appeal is disposed

of at the stage of admission.

3. Assailing the order, dated 8.7.2021, in Writ Petition

No.13168 of 2021, wherein a learned Single Judge of this Court

allowed the writ petition and set aside the proceedings in

ROC.No.1108/2021-A5, dated 28.6.2021, of respondent No.3

therein, the present writ appeal came to be filed under Clause 15

of Letters Patent.

4. The averments in the affidavit filed in support of the writ

petition show that the writ petition came to be filed questioning the

action of respondent No.3 therein in issuing proceedings, dated

28.6.2021, directing respondent Nos.4 and 5 therein to hand over

the writ petitioner's Water and Sanitation Scheme to respondent

No.9 without conducting any enquiry and without issuing any

prior notice, as violative of Articles 14, 21 and 300-A of the

Constitution of India.

In the year 2001, Government issued G.O.Ms.No.88, P&R,

RWS Rural Development Department, dated 15.3.2001, for

establishment of water schemes in rural areas. As per the said

G.O., the villagers of Renumala Village formed a group, for supply

of water to all the villagers, which came to be registered as

"Renumala Village Drinking Water and Sanitation Committee". It

is said that since 2003, the Committee laid pipelines and

constructed water tanks for supply of water to the villagers. While

things stood thus, respondent No.7 therein is said to have made a

representation to respondent No.3 therein to hand over the

petitioner's Water and Sanitation Scheme. Respondent No.3,

without conducting any enquiry and without issuing notice, passed

the order, dated 28.6.2021, which was assailed in the writ petition.

5. By an order, dated 8.7.2021, the learned Single Judge,

having regard to the facts and circumstances of the case and since

the order, dated 28.6.2021, came to be passed without issuing any

notice, set aside the same.

6. Though Sri V. R. Machavaram, learned counsel for the

appellant, raised various grounds touching the merits of the case,

but however, submits that respondent No.4 herein may be directed

to conduct an enquiry after giving notice to all concerned.

7. The same is not seriously disputed by Sri A. S. C. Bose,

learned counsel for the writ petitioner.

8. Having regard to the rival submissions made, the present

writ appeal is disposed of directing respondent No.4 - The District

Panchayat Officer, District Panchayat Office, SPSR Nellore District,

Nellore to conduct an enquiry with regard to the representation

made by the writ appellant, after giving notice to all concerned,

including the writ petitioner and then pass appropriate orders in

accordance with law, with respect to allotment of Drinking Water

and Sanitation Scheme of Renumala Grampanchayat, Renumala

Village, Kondapuram Mandal, SPSR Nellore District, Nellore, as

early as possible, preferably, within a period of six (6) weeks from

the date of receipt of a copy of this order. Till such time, the

existing Water and Sanitation scheme shall continue. There shall

be no order as to costs.

Miscellaneous petitions pending, if any, in this Writ Appeal

shall stand closed.

_______________________________ JUSTICE C.PRAVEEN KUMAR

______________________________ JUSTICE B.KRISHNA MOHAN

Date : 23.8.2021 AMD

THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR AND THE HONOURABLE SRI JUSTICE B.KRISHNA MOHAN

WRIT APPEAL No.454 OF 2021

Date : 23.8.2021

AMD