ORDER : 1. Heard Sri V.V.L.N. Sarma, Ld. Counsel for the Writ Petitioners and Sri D.M. Vidya Sagar, Ld. Assistant Government Pleader for Panchayat Raj & Rural Development appearing for the Official Respondents. 2. The prayer sought in the present Writ Petition is as under: “It is therefore necessary in the interests of justice that this Hon’ble Court is pleased to issue a Writ of Mandamus or any other appropriate Writ, order or direction declaring the action of the Respondents in seeking to construct OHSR Tank in the Public Toilet Premises near the Kerosene Bunk belonging to Sri Perla Papa in SC Colony, Kirlampudi Village and Mandal, East Godavari District without proceeding with such construction at the earlier earmarked site in the Ladies Toilets Premises, adjacent to Fresh water Tank bund, SC Colony, as illegal, arbitrary etc., and grant such other relief or reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case.” SUBMISSIONS OF LEARNED COUNSEL FOR THE WRIT PETITIONERS: 3. The facts in brief as averred in the Affidavit filed in support of the Writ Petition are that a sum of Rs.45,00,000/- was sanctioned under the National Rural Drinking Water Coverage Grant for the purpose of construction of two OHSR Tanks (Over Head Service Reservoir) in Kirlampudi Village and Mandal, East Godavari District. Basing on the said grant, the Village Panchayat passed Resolution No. 32, dated 11.09.2012 (Ex.P.4) for construction of two water tanks at two different places in the village; that one of the tank is to be constructed in Goutuvari Veedhi and other one adjacent to Fresh Water Tank Bund, SC Colony; that the second tank is near to ladies toilet premises; that the tank pertaining to Goutuvari Veedhi got completed; that the Contractor dug the bore-well at the second sanctioned site near the Fresh Water Tank Bund, SC Colony; on the premise that due to seepage and lack of proper access to the site the Contractor had stopped the work and requested for allotment of alternate site. That in view of these practical problems, the Gram Panchayat, vide Resolution No. 69 dated 02.03.2015, has allotted another site which is close to the Kerosene Bunk and public toilets (Ex.P.3). That in view of these practical problems, the Gram Panchayat, vide Resolution No. 69 dated 02.03.2015, has allotted another site which is close to the Kerosene Bunk and public toilets (Ex.P.3). It is also stated that the families in the neighbourhood are objecting to the construction of water tank even at the new site due to the presence of a Community Hall, Kerosene Bunk and that the residents in the neighbourhood will be constantly exposed to the danger of spillage or collapse on account of loose soil due to the presence of the heavy water tank. 4. Sri V.V.L.N. Sarma, Ld. Counsel appearing for the Writ Petitioners has submitted that the Writ Petitioners have objected with regard to the new area where the over head tank is proposed to be constructed because there is a Community Hall and a Kerosene Bunk. It is also stated that the bore-well which is dug at the previous site (beside the fresh water tank bund) by spending Rs.2,00,000/- ought not to have been abandoned since the same would go waste. He had submitted the same apprehensions as stated in the Writ Petition that local residents fear about the safety of the over head tank etc. SUBMISSION OF LEARNED ASSISTANT GOVERNMENT PLEADER FOR RESPONDENTS: 5. A Counter-Affidavit was filed by the Respondent No. 4 on 28.02.2017. The Deponent of the Counter-Affidavit is the Executive Engineer, R.W.S. & S. Division, Kakinada, East Godavari District. The averments in the Counter-Affidavit are to the effect that the first tank at Goutuvari Veedhi was completed long ago. Insofar as the second OHSR which was proposed near the ladies toilet premises adjacent to the Fresh Water Tank Bund, SC Colony, the work had commenced and a bore-well has been dug by the Contractor. However, during the execution of work, there was seepage from the tank bund of Fresh Water Tank of SC Colony. As there is no provision for fleshing-out the seepage water, the Contractor is unable to proceed with the execution of further work. It is also stated that the approach to the site where the work for the second tank had commenced is narrow and the construction material could not be taken to the work spot. It is also stated that the Contractor has abandoned the contract midway on account of the resistance put up by the local people. It is also stated that the approach to the site where the work for the second tank had commenced is narrow and the construction material could not be taken to the work spot. It is also stated that the Contractor has abandoned the contract midway on account of the resistance put up by the local people. As it became difficult to transport the construction materials to the work spot and on the request of the Contractor, Gram Panchayat allotted alternate site. The bore-well dug in this area, it is said, that it can be utilised for the OHSR (Over Head Service Reservoir) to be constructed at the newly proposed site by erection of pumping motor. The new site which is proposed is near to the Community Hall and Kerosene Bunk in SC Colony of Kirlampudi Village. The Grama Panchayat has agreed for re-allocation and thereby a Resolution was passed by the Grama Panchayat bearing Resolution bearing No. 69, dated 02.03.2015 (Ex.P.3) for construction of OHSR (Over Head Service Reservoir) adjacent to the R&B Road, where there is a Community Hall and a Kerosene Bunk beside SC Colony. 6. It is also stated that the issue raised by the Writ Petitioners as regards the open defecation, the Respondents have submitted that there is no such open defecation, since individual toilets were already built for all the residents under the Swachh Bharat Programme. It is also stated in the Counter- Affidavit that the allegations made in the Writ Petition are far from the prevailing ground conditions and that the allegations made in the Writ Petition are with malafide intentions and also due to interference by the local politicians. It is further prayed in the Counter-Affidavit to dismiss the Writ Petition and allow the second over-head tank which is proposed adjacent to R&B Road, where there is a Community Hall and Kerosene Bunk in SC Colony to be constructed vide Resolution No. 69 dated 02.03.2015 (Ex.P.3). 7. Sri D.M. Vidya Sagar, Ld. Assistant Government Pleader for Panchayat Raj & Rural Development appearing for the Respondents has submitted that the bore-well dug at the previous site near the ladies toilet premises adjacent to the Fresh Water Tank Bund, SC Colony is proposed to be utilised by erecting pumping machine to the over head tank that is sought to be presently constructed near the SC Colony closer to the Community Hall and Kerosene Bunk. He further submits that there is no act of wastage of resources and that the Respondents are not intending to abandon the bore-well which is already dug beside the fresh water tank bund. He has further submitted that the Protected Water Supply Scheme (PWSS) was proposed under National Rural Drinking Water Coverage Grant for which a sum of Rs.43,80,000/- was estimated and was administratively sanctioned by the Government vide G.O.Rt. No. 1528, dated 17.08.2012. It is further submitted that two OHSR tanks are proposed to be constructed at two different places at Kirlampudi Village. He also further submitted that the previous tank has become dilapidated, therefore, one tank was proposed to be constructed at Goutuvari Veedhi, Opposite Sivalayam Temple in Kirlampudi Village and the other one is proposed to be constructed near the ladies toilet premises adjacent to the Fresh Water Tank Bund, SC Colony. 8. He further submits that the Goutuvari Veedhi tank got completed since there were no restrictions or any objections from any corner. He further submitted that in pursuance of construction of the second tank near ladies toilet premises, the Contractor has dug the bore-well. When the foundations were being dug for the Over Head Service Reservoir, there was water seepage. The water seepage could not be addressed because the approach towards the site was too narrow and that the construction materials could not be taken to the spot. 9. Having regard to this fact, the Grama Panchayat, by Resolution No. 69 dated 02.03.2015, proposed for shifting of the tank site at a site which is adjacent to the R&B Road where there is a Community Hall and a Kerosene Bunk in SC Colony. 10. Sri D.M. Vidya Sagar, Ld. Assistant Government Pleader for Panchayat Raj & Rural Development appearing for the Respondents submits that on account of frivolous objections raised by the Writ Petitioners, the construction of the second tank got stalled since 2016 and the same is not in public interest. He further submitted that the beneficial project meant for public use has been delayed and further expressed doubt whether the Government would now sanction sufficient funds on account of escalation of prices for the construction of new tank. He further submitted that it was sheerly due to the conduct of the Writ petitioners that the proposed project could not be completed. 11. He further submitted that it was sheerly due to the conduct of the Writ petitioners that the proposed project could not be completed. 11. He further submits that the Writ Petition is devoid of any merit besides being abuse of process, and therefore, the same should be dismissed with Exemplary Costs. 12. On 28.04.2016, this Court had issued Notice before admission to the Respondents, but this Court had never stayed the work at the new place at all. ANALYSIS: 13. Admitted facts in this case are that under the National Rural Drinking Water Coverage Scheme, Rs.45,00,000/- was sanctioned for Kirlampudi Gram Panchayat for construction of two OHSR Tanks (Over Head Service Reservoir); that vide Resolution No. 32 dated 11.09.2012, the Gram Panchayat has provided two places in the Village for construction of two OHSR Tanks. One of the tank at Goutuvari Veedhi, was completed by the Contractor; that in respect of second OHSR tank, which is sought to be constructed beside the Fresh Water Tank Bund, the Contractor has dug the bore-well. Whereas, there was water seepage and that due to improper access to the area, the construction material could not be transported. On account of such multiple logistical issues, the Contractor made a request to allot an alternate site for construction of second OHSR tank. The Gram Panchayat, vide Resolution No. 69 dated 02.03.2015 (Ex.P.3), has allotted an alternate site adjacent to Kerosene Bunk and public toilets. Written Objection dated 17.03.2016 (Ex.P.1) indicates that several inconsistent objections have been taken but the said document is not signed by anyone. Therefore, it is doubtful whether this Representation was at all submitted to the Executive Engineer, RWS & S or not? The Writ Petitioners would object to the construction of the second tank at the alternate site which is provided by the Gram Panchayat vide Resolution dated 02.03.2015 (Ex.P.3) on the ground that the said site is being used for performing marriage by the local villagers and that the youth is also utilising some place for playing sports etc., and therefore, the site which is allotted vide Resolution No. 69 dated 02.03.2015 is not in public interest. 14. 14. The Executive Engineer, RWS&S Division, Kakinada, East Godavari District, in his detailed Counter Affidavit has clearly narrated various aspects to state that the bore-well which is already dug at the earlier site will not be abandoned, inasmuch as the water will be drawn through the pump for pumping into the new overhead tank. It is also stated that taking into consideration various aspects, the Gram Panchayat has correctly passed a Resolution on 02.03.2015 allocating alternate site. It is also stated in the Affidavit that the community will not be inconvenienced because toilets for all the individuals have been built under the Swachh Baharat Scheme. 15. Para No. 7 of the Counter-Affidavit dated 28.02.2017 is usefully extracted hereunder: “In reply to Para Nos. 6 and 7 of the Affidavit, it is submitted that the main objective of the Department under Andhra Pradesh State Water Policy-2008 is to ensure the comprehensive multi-sectoral planning, Development and management of the State’s Water resources and effective, efficient, equitable and sustainable service deliveries for various water uses. In view of that and in order to complete the balance work, Sri K. Balakrishna, Contractor, who has come forwarded to take up the balance work at (-) 12.69 less than the estimate rates (quoted earlier by original contractor), was entrusted the work under clause 60 © of APDSS. The contractor has concluded the agreement paying necessary EMD for execution of the work.” CONCLUSION: 16. On the analysis of the averments and the submissions of the Learned Counsel for the Writ Petitioners, this Court is of the opinion that the Writ Petitioners herein have not been able to produce any cogent evidence that merits consideration by this Court to issue a Writ of Mandamus as prayed for. The record speaks to the effect that originally another site was allotted. Whereas, work at that site could not take-off due to several logistical issues and also on account of adverse soil conditions that also led to seepage of water. Therefore, consciously the Gram Panchayat as then passed a Resolution No. 69 dated 02.03.2015 allocating the alternate site. The plea raised by the Writ Petitioners that the open space in the newly allocated site is being utilised by the local people for conducting marriages and also used by the youth for playing sports cannot override the community interest. Therefore, consciously the Gram Panchayat as then passed a Resolution No. 69 dated 02.03.2015 allocating the alternate site. The plea raised by the Writ Petitioners that the open space in the newly allocated site is being utilised by the local people for conducting marriages and also used by the youth for playing sports cannot override the community interest. Even the other objections regarding safety to the people in the neighbourhood are not substantiated by any cogent evidence. 17. It is settled law that the individual interest shall yield to the community interest. In the present case, the overhead tank is sought to be built for the benefit of the community at large. Therefore, there is no gain-saying in stopping the construction of the tank in order to provide space for conducting marriages and for playing sports. 18. From the averments, it appears to this Court that the intention of the Writ Petitioners seems to be oblique inasmuch as they intend to interfere with the construction of the overhead tank at any cost. Although, Representation given to the Executive Engineer, RWS & S dated 17.03.2016 (Ex.P.1) does not have the signatures of anyone, the objections in the said Representation are not only multi-fold but replete with contradictions. The Writ Petitioners have not substantiated with any cogent material or reasons to compel this Court to interfere with the construction of the OHSR (Over Head Service Reservoir). The photographs filed by the Writ Petitioners (Ex.P.7) also do not indicate any adverse conditions for the Court to take a different view. Therefore, the issues raised by the Writ Petitioners herein are not only imaginary and unsubstantiated but also frivolous and vexatious. They intended to pitch the individual interest over and above the community interest. 19. In the above said premise, the present Writ Petition is not only devoid of merit but is also an abuse of process. Accordingly, this Writ Petition is dismissed. The Writ Petitioners are directed to pay Exemplary Costs of Rs.15,000/- each in favour of the Andhra Pradesh High Court Bar Association, High Court Buildings, Amaravati within six weeks from today and file an Affidavit of compliance on the file of this Court on 18.06.2024. 20. Interlocutory Applications, if any, stand closed in terms of this Order.