Smt. B. Subhashini vs The Government Of A.P.,
2021 Latest Caselaw 1606 AP

Citation : 2021 Latest Caselaw 1606 AP
Judgement Date : 19 March, 2021

Andhra Pradesh High Court - Amravati

Smt. B. Subhashini vs The Government Of A.P., on 19 March, 2021

Bench: D.V.S.S.Somayajulu

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
FRIDAY, THE NINETEENTH DAY OF MARCH
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU

WRIT PETITION NO: 3450 OF 2021
Between:

Smt. B. Subhashini, W/o Balakoteswara Rao.
Y. Ramesh, S/o Nageswara Rao.

V. Aruna, Wo VSR Anjaneyulu.

K. Janakiramaiah, S/o Subba Rao.

K. Bhaskara Varma, S/o Suryanarayana Raju.
S. Seshagiri, S/o Taviti Naidu.

 

Oakwn-

.... Petitioners
AND

1. The Government of A:P., Rep. by its Principal Secretary, Panchayatraj
Department, Secretariat, Amaravathi, Guntur District, A.P.

2. The Rayalam Gram Panchayat, Rep by its, Panchayat Secretary, Rayalam

Village, Bhimavaram Mandal, West Godavari District. :

3. The Bhimavaram Municipality, Rep by its Commissioner, Bhimavaram, West
Godavari District.

4. The Special Officer-cum- Mandal Development Officer, Bhimavaram, Rayalam
Gram Panchayat, West Godavari District.

5. The Authorized Officer, Pollution Control Board, West Godavari District at Eluru.

... Responderts

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 Direction more particularly one in the nature of Writ of Mandamus, to
declare the action of the Respondents 2 to 4 in dumping the garbage in Sy.Nos.44 and
112 of Rayalama Village, Bhimavaram Mandal, West Godavari District as_ illegal,
arbitrary and contrary to the provisions of Panchayat Raj Act and Municipalities Act and
consequently direct the Respondents No.2 to 4 herein to initiate action to stop the
dumping of garbage in the said survey numbers which is adjacent to the petitioners
houses.

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 No.2 to 4, to stop the dumping of garbage in Sy.Nos.44 & 112 of Rayalam
Village, Bhimavaram Mandal, West Godavari District, pending consideration of the
representation dt. 4-2-2021 filed by the petitioners, pending disposal of WP 3450 of
2021, on the file of the High Court.

ORDER:

"Learned standing counsel for APPCB Sri V.Surendera Reddy points out that the Board has already issued notices to the Panchayat Officer, Eluru, MPDO, Bheemavaram etc., for implementation of the Solid Waste Management Rules. He also highlights the fact that all the Gram Panchayats were directed to implement the judgments of this Court with regard to the Solid Waste management Rules. He ultimately points out that it is for the Panchayat Raj Secretary, namely, the first respondent to take action as far as solid Waste of the Gram Panchayat is concerned.

Standing counsel Sri |. Koti Reddi appearing for the 2"* respondent states

that he has received the instructions and that the Gram Panchayat will soon be taking steps to re-locate the dumping yard at an appropriate place and comply with the law. He states that the difficulty has arisen because the Gram Panchayat is merged with 3 respondent-Municipality.

It is hoped that the respondents will take action to rectify the problem.

List on 16.04.2021 for reporting compliance." Sd/- M. RAMESH BABU, ASSISTANT REGISTRAR ITTRUE COPYI/

oss For ASSISTANLSEOISTRAR

. The Principal Secretary, Panchayatraj Department, Secretariat, Government of

A.P., Amaravathi, Guntur District, A.P.

The Panchayat Secretary, Rayalam Gram Panchayat, Rayalam Village, Bhimavaram Mandal, West Godavari District.

The Commissioner, Bhimavaram Municipality, Bhimavaram, West Godavari District.

The Special Officer-cum- Mandal Development Officer, Bhimavaram, Rayalam Gram Panchayat, West Godavari District.

The Authorized Officer, Pollution Control Board, West Godavari District at Eluru.(RR 1 to 5 by RPAD)

One CC to Sri. B Chandra Shekhar Advocate [OPUC]

One CC to Sri. |. Koti Reddy, Advocate [OPUC] |

Two CCs to GP for Panchayat Raj Rural Dev ,High Court Of Andhra Pradesh. [OUT]