Shiridi Krishna Educational Society v. Sri. I.V. Krishna Rao,

HON'BLE SRI JUSTICE S.V. BHATT C.C.No.464 OF 2015 ORDER:

The contempt case is filed complaining disobedience of order dated 09.09.2014 in writ petition No.21714 of 2006. The writ prayer was against the alleged inaction of respondents in disposing of representations dated 22.03.2006. Having regard to the limited grievance and keeping in mind the disposal of writ petition No.15013 of 2008, the following order was passed.

"The petitioner herein filed with petition No.15013 of 2008 substantially for the very same and similar prayer. This Court through order dated 15.07.2008 disposed of the writ petition. Having regard to the above circumstances, it is for the respondents to pass orders as directed by this Court. If any order is passed or communicated and the petitioner is aggrieved, the same amounts to fresh cause of action for appropriate remedy.

The writ petition is dismissed. No order as to costs." Now the complaint of the petitioner is that the respondents are not disposing of the representation or taking steps necessary for construction of a drainage adjoining school building. This Court ordered notice. Respondent No.3 filed counter affidavit. I have perused the counter affidavit filed by respondent No.3. Learned Government Pleader for Panchayat Raj on instructions from the District Panchayat Officer, kakinada submits that the District Panchayat Officer and the local Gram Panchayat would do all that is necessary for obtaining permission from the Roads and Buildings Department for laying a drainage abutting the school building.

According to him, a resolution is already passed and appropriate communication requesting for permission will be sent to Roads and Buildings Department. Learned counsel for petitioner submits that if proposals to the Roads and Buildings Department are sent, the petitioner would pursue and obtain administrative sanction and takes steps for construction of a drainage. I have perused the photographs filed along with the contempt case. The drainage appears to big enough and causing unimaginable nuisance to the students studying in the school. Therefore, as the petitioner is coming forward to construct drainage at his own costs and expenses, the District Panchayat Officer is directed to send appropriate proposals/request to the Roads and Buildings Department to accord permission for laying a drainage and mark a copy to the petitioner.

The petitioner has agreed to pursue with the Department and obtain orders. With the above observations, the contempt is closed. No order as to costs. ___________ S.V.BHATT, J Date:23.02.