IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 10482 of 2000 Between: 1 Captain G.G.K.Raju (Retd)., S/o. Surapa Raju, R/o. 175 - QWHO, Sector-A, Secunderabad-9. 2 Smt.Radha Kumari, W/o. Captain G.G.K.Raju, R/o. 175 - AWHO, Sector-A, Secunderabad-9. ..... PETITIONERS AND 1 The Gram Panchayat, Rep. by its Sarpanch, Puduru Village, Medchal Mandal, Ranga Reddy District. 2 The Mandal Revenue Officer, Medchal Mandal, Ranga Reddy District. 3 The Collector, Ranga Reddy District, Lakidikapool, at Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, order or direction more particularly in the nature of Writ of Mandamus restraining the Respondents from interfering with lawful rights and possession of the Petitioners land in Survey Nos.384, 385 and 377 of Puduru Village, Medchal Mandal, Ranga Reddy District including the small Kunta situated in the said Patta land and its rain water outlet without lawful process under4 Article 300-A of the Constitution of India. Counsel for the Petitioner: Mr.SRINIVAS POLAVARAPU Counsel for the Respondents: G.ELISHA( SC FOR ZPPS AND MPPS,TEL REG) The Court made the following : ORDER: The grievance of the petitioners in this Writ Petition is that the respondents are interfering with the alleged rights and possession with respect to the land of the 1st petitioner in Sy.Nos.384, 385 and 377 of Puduru village, Medchal mandal, Rangareddy District which includes a small kunta situated in the said patta land. 2. The petitioners claim in the affidavit that Sy.Nos.377, 378, 384, 385, 388 and 389 are purchased by them under registered sale deeds pertaining to the years, 1979 and 1981. They claim that they have dug a kunta in Sy.Nos.384 and 385. It is further alleged that the respondents are trying to lay a canal connecting the aforesaid kunta in the petitioners’ private land and to join the same with any other tank existing nearby. 3. This Court had admitted the Writ Petition and granted interim direction on 20-06-2000, which is in force even now. 4. 1st respondent as well as the 3rd respondent have filed separate counter-affidavits asserting that the kunta in the said two survey numbers is shown existing as per the village map itself. They further allege that there is a canal joining the said kunta with the tank nearby, which is called ‘yerracheruvu’. It is alleged that the respondents were only trying to widen and deepen the said canal with the funds received under a scheme of the Government, and that the petitioners obstructed the work. 5. It is evident that the existence of the canal connecting the kunta and the cheruvu as alleged by respondents is in serious dispute in this Writ Petition. Obviously a pure question of fact cannot be gone into in the present proceedings. Even otherwise, now seven years have passed since the petitioners had a cause of action for approaching this Court and that cause does not survive today. I therefore deem it appropriate to dispose of the Writ Petition with the following direction. 6. In the event of the petitioners being threatened with any interference as mentioned in this Writ Petition, it is open for the petitioners to seek appropriate relief, by approaching a competent civil Court wherein all the disputed questions of facts can be adjudicated. 7. Accordingly, Writ Petition is dismissed with the observation as above. There shall be no order as to costs. ____________________________ VILAS V. AFZULPURKAR,J 11th December, 2008. Tsy To 1 The Gram Panchayat, Rep. by its Sarpanch, Puduru Village, Medchal Mandal, Ranga Reddy District. 2 The Mandal Revenue Officer, Medchal Mandal, Ranga Reddy District. 3 The Collector, Ranga Reddy District, Lakidikapool, at Hyderabad. 4. 2CD copies