Kuttiparambil Rajrtha. Wo Parekat Venug-opal- .flOet OO vears Occ v. 1. The State of lelangana

5. Hvderabad Metropolitan Water Supplyal{ S^erye.rgge Board' Rep by its. " il';;;;Gl sririr'uir.rigri s""ti.inlso I o & M bivision-Xiv' Hvderabad 6. Greater Hvderabad lvlunicipal Corporation, .Represented by its Deputy Commissi6ner Kapra Circle, Divison-1, Hyderabad' 7. The Tahsild at, Kapra Mandal friledchal-Malkajgiri District' B. Shiva Sai Enclave, Represented by its concerned person-Adi-acent to " il"a}G sli".r-ci"ti, Vemungutd, Kapra, Hvderabad-500094' .....RESPONDENTS Petition Under Article 226 oI the Constitution of lndia praying that in the circumstancesstatedintheaffidavitfiledtherewith'theHighCourtmaybe pleasedtoissueanappropriateWritororderordirection,moreparticularlyonein the nature of writ of N/andamus declaring the action of the official respondents in nottakinganyactionagainsttheBthrespondentsocietyfordrainingtheirdirty ,,.87 water/sewerage frow onto the petitioner residentiar so:iety as whory iregar, arbitrary and u.constitutionar and in vioration of Articre 14, 1g, 21 and 300_4 of constitution of lnrJia and crear vioration of sectron .r52 of .INSS and consequenry to direct the :f iciar respondents to take stringent e ction against the gth respondent society by duly close/desist their drain dirty water/ sewerage flow onto the petitioner re s irJential socrety. l.A.NO:1 OF 2028 Petition Un<ier Section 151 cpc prayrng that rn the r,ircumstances stated in the affidavit fireri in support of the petition, the High corrrt may be preased to direct the respjo ldent authorities to consider the re presentations, dated, 02 08 2022, 04 o) 2023. 13 02.2025, 18.02 2025. 06 )3 2025, 0g 03.2025, 14.03 2025, 01 .t)4 2O2S and OB.O4 2OZ5 given by the tretitioner and to take stringent action o' unauthorized diversion of drainage by the Bth respondent society onto the petitioner residentiar society in the intere st of justice, pending disposal of the atrove writ petition. Counsel for the petitioner : SRI NARESH SUNKARA Counsel for the Respondent No.1 DEVELOPMENT GP FOR MCPL ADMN I\ND URBAN Counsel for the Rer;pondent Nos.2 & 7 : G.p FOR REVENU= 3iil;", for the Rer;pondent Nos.3 & 6 : SRt SRtNtvAS RAo pAcHWA, Sc FoR Counsel for the Respondent Nos.4 & 5 : SRI A.VEERESH KUMAfl, SC FOR HMWS & Counsel for the Respondent No.g : -_ The Court at the stage of admission made the following ORDER TIIE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.1 1519 0F 2025 OR-DER: l.l Petitioner is the president of Silver Crest Owners Welfare Association (Registered No.1635 of 2016) comprising 150 villas. Presently, there are 800 residents in the Gated Community of Silver Crest owners. It is stated that since 2022, there is tot of disturbance and nuisance being caused to the members / vitla owners of the Silver crest owners as respondent No.8 - Shiva Sai Enclave started draining out sewerage water into the residential area of the Silver crest owners resulting in the colony getting inundated. l.2.ItissubmittedthatdrainagechannelofShivaSaiEnclavehas not been repaired which resulted in stagnation of sewerage water, constant emission of filth and foul smell and increase of mosquitoes which is causing nuisance and severe health problems to the inmates of the silver Crest Owners. Several representations have been submitted by the association of the Silver Crest Owners to the authorities concerned between 2022and2o25andthelastrepresentationbeingdated08.04.2025, requesting the respondents' authorities to take action against Shiva Sai Enclave for diverting sewerage water from its residential colony into the Silver Crest Ounr:rs but the same were not acted upon, as such, HJ'i?r;:'; 2 B[1{.J Crest Owners hav: approached this Cour1.

2. Mr.Srinivas Rao Pachwa, leamed Standing CouLrsel for GHMC _ respondent Nos.3 and 6, submitted that on the complaint .eceived from the association of th. S ilver crest owners, respondent Ni,.6 - the Deputy Cornmissioner, K apra circte, Division- r , has instrucred the officials concemed to inspect the site and submit a detailed report. Accordingly,, sitc has been inspectcd by the Deputy Executive Enginr.cr and Assistant Engineer, Kapra. along with the concerned Manager of HMWS&SB on 11 .06.2025. As per the written instructions of the leamed Standing counsel for GHM[], Shiva Sai Enclave is located on upslream sicle which is having septic tz-nJ< outlet adjacent to the compound n all of the Silver crest owners. Presently, the septic tank of Shiva Sai Enclave is completely full and is overflowing resulting in sewerag,: water entering into thc residentLal area of the Silver crest owners throrrgh the lanes of Villa Nos.127 and 129 as the Silver crest owners is i r a downstream which is resulti,g in complete sewerage overflow on to rhe roads of the Silver crest owners creating unhygienic conditions. It is firrther stated that the Silver crest c)v'ners being a Gated community, draina5;e iine cannot be laid in its colony a,d HMwssB has planned for laying dr,rinage line from ..':i$-ry Shiva Sai Enclave through the main road of the Silver Crest Owners and -t ItVR.J wP 1rs19 2025 this information was given to the petitioner'

3. Mr. A. Veeresh Kumar' leatned Standing Counsel for HMWS&SB - respondent Nos'4 and 5' submitted that representation of the petitioner will be considered in accordance with law'

4. [n the circumstances, the writ petition is disposed of' at the admission stage itseif, directing respondent Nos'4 and 5 - HMWS&SB to act upon representation of the Silver Crest Owners dated 08'04'2025 by giving opporlunity of hearing to the residents / association mernbers of the Silver Crest Owners and Shiva Sai Enclave and other interested persons and pass orders in accordance with law within a period of two (2) weeks lrom the date of receipt ofa copy of this order' No order as to costs' As a sequel thereto, miscellaneous apptications, if any, pending in the writ petition siand closed //rRUE coPY// SD/-U. SUDHA ASSlsr^Nr WSTRAR SECTION OFFICER / To , fr, etflittll*rtt#sfr**--i{*ifii*il"",-.'-; . Til:"ilX?"rting Director, Hvderabad Metropolitan water Supplv and " $;;;il;"Bo"ard. Khairatdbad Hyderabad $:il"TiJJ'3sirt"'{f 'o"*"J;;:*i;" 'nhff "11ty*",8:Jrft ^- ..^-^oe Board, Rep by its Hyderabad '.--,''.".--=.* .Greater Hyderabad IVluntcipal Corporation,

6. The Dep_rty Commissioner, - 5gp,g li cle Divison-1. Hyderabad / lhe Tah:;,ldar. Kapra I\4anbal trrledcha l_lvlalkaiqiri D strrct. b rne concerned oerson Adlacent to Jan apriya'Silver Crest, Shrva Sai ^ In.tryll Vemunguta Kapia, Hyderab"O:S6OOg+ 9, IWO C(JS tO GP FOR MCPL ATJMN AND URBAN DEVEI OPIT/ENT HiOh Court_for the State of Tetangana ar Hy;;r;b;;'iblii -' " 'v'Lrr I . I rrerl . ^ 10. Two CCs to Gp FoR REVE'I'UE, i;g'h C;;;f",'in. strtu of Telangana at Hyderab:rd [OUTI ]l 9n" co lo sRr NARESH SUNKARA. Advocate JoF UCI 12 one c_C rc SRr A VEERESH runltAri st roii iriv r,,s & SB, Advocate 13 OI_e CC tI SRI SRINIVAS RAo PACHWA, SC FoF GHII,iIC, Advocate 14 Two Cfr ()opies (oPUC, (OPUC r "' \ l' SA BS HIGH COIJIRT DATED:07110t2025 C.C. TODAY rHz sTp.r c ,.) 2 q IrLl N6 6) ! * * ORDER WP.No.1 151 9 of 2O2S DISPOSING If,F THE W.P AT THE STA(3E OF ADMISSION WITHOUT COSTS. EA ^) ),. rL, f \..