Dismissed

Kouju Mohana Anjaiah, v. The State of Andhra Pradesh

Telangana HC1 Feb 2016PIL/326/2015

Case brief

AI extract

What is this about?

The petitioner filed a PIL seeking a writ of mandamus to convert the Kambala Cheruvu in Eletipadu Village into a drinking water source, opposing its use for fishing. The Court found no water scarcity given existing supplies and dismissed the petition.

What did the court decide?

Writ of mandamus to confine the Kambala Cheruvu for drinking water was denied; PIL dismissed.

Kouju Mohana Anjaiah, Vs The State of… — Public Procurement and Tenders | Telangana HC (2016)

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HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE

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AND

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THE HON’BLE SRI JUSTICE S.V. BHATT

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PUBLIC INTEREST LITIGATION No.326 of 2015

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Dt:01.02.2016

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Between:

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K.Mohana Anjaiah. And

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… Petitioner

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The State of Andhra Pradesh and others.

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… Respondents

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HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE

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AND

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THE HON’BLE SRI JUSTICE S.V. BHATT

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PUBLIC INTEREST LITIGATION No.326 of 2015

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PC: (per the Hon’ble the Acting Chief Justice Dilip B. Bhosale)

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Heard learned counsel for the parties.

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The petitioner, in the instant PIL, seeks the following relief:

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“For the reasons stated in the accompanying affidavit, it is prayed that the Hon’ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus directing the respondents to confine the Kambala Cheruvu situated in R.S.No.47/7 at Eletipadu Village, Iragavaram Mandal, West Godavari District, for providing safe purified drinking water to the villagers of Eletipadu Village as being done earlier and not to allow the same to be leased for fishing to any Fishermen Co-operative Society or any other Society in the interest of public health of Eletipadu villagers and pass such other order or orders as this Hon’ble Court deems fit and proper in the circumstances of the case.”

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Respondent No.4 has filed counter-affidavit and in paragraphs 4 and 5, stated thus:

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“It is also submitted that as protected drinking water is used to be supplied through by the Gram Panchayat bore through over head tank which has capacity of 90,000 liters filling it up 2 times per day out of 520 house holds most of the house holds are drinking their own hand pumps water. The Gram Panchayat has been supplying water for 31 private taps and 22 public taps rest of the village people depended on their own hand pumps numbered 302 and Gram Panchayat public hand pumps numbered 18. The capacity of Gram Panchayat over head tank is more than enough, hence there is no need of a drinking water tank for providing drinking water to the Gram Panchayat people. There is no scarcity of drinking water to the people as contended by the petitioners. It is not correct to say that due to change of Sarpanch the plant was stopped and the present Sarpanch is trying to convert the said tank as fishing tank is not genuine. To augment of additional resources of Gram Panchayat the Gram Panchayat has passed the Resolution No.18, dated 30.12.2013 for conversion of the Kambala Cheruvu as fishing tank. It is also submitted that the Eletipadu Cooperative Society is now supplying the fresh drinking water to the people of the village 20 liters per Rs.2 in the name of NTR Sujala Sravanthi (Reservoir Osmosis Water) apart from the Gram Panchayat supplying protected water through overhead service reservoir of 90,000 liters based on bore.

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In reply to para 7 of the affidavit, it is submitted that the contention of petitioners that the Gram Panchayat is trying to confine the Kambala Cheruvu for fishing purposes is correct the cheruvu was earlier a fish tank and it was reconverted into fish tank through a resolution No.18, dated 30.12.2013 for increasing the Gram Panchayat its own revenue. It is once again submitted that the drinking water is being supplied to the people through bores and they are also getting the water through NTR Sujala Sravanthi which is optional and there is no scarcity for drinking water and thus the contention of the petitioner is not genuine and also not correct.”

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From the contents of paragraphs 4 and 5 of the counter-affidavit, it is clear that there is absolutely no scarcity of drinking water in the village and there is sufficient water from different sources available for drinking purpose. Insofar as Kambala Tank is concerned, it appears that Gram Panchayat vide resolution No.18, dated 30.12.2013, decided to convert the same into fish tank. The petitioner has not challenged the said resolution.

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Keeping that in view and considering the contents of paragraphs 4 and 5, we find no reason to entertain the instant PIL.

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PIL is dismissed.

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Consequently, miscellaneous petitions, if any, also stand disposed of.

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DILIP B. BHOSALE, ACJ

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S.V. BHATT, J

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Dt:01.02.2016

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kdl

Kouju Mohana Anjaiah, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Kouju Mohana Anjaiah, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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