IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 23364 of 2001 Between: Upparapalli Kamesam @ Damodara Varma, S/o. Late Kamayya, Degree College Road, Palakonda, Srikakulam District ..... PETITIONER AND 1 The District Collector, Srikakulam, Srikakulam District. 2 The Revenue Divisional Officer, Palakonda, Srikakulam District. 3 The Mandal Revenue Officer, Palakonda, Srikakulam District. 4 Maddila Chittappadu, S/o. late Appalaswamy, R/o. Nagavamsam Street, Palakonda, Srikakulam District. .....RESPONDENT(S) 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 to issue an order, direction or writ more particularly one in the nature of Writ of Mandamus directing the Respondents 1-3 to take steps to provide access to the main road leading to Government Hospital to the respondents situated in Survey No.19 of N.K.Rajapuram Village situated in Palakonda Mandal and Town, Srikakulam District and pass Counsel for the Petitioner:MR.M.VIJAY KUMAR Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE MS JUSTICE G.ROHINI W.P.NO.23364 2001 ORAL ORDER The petitioner herein claims title and possession in respect of the land in Sy.No.19/4 of N.K.Rajapuram Village in Palakonda town. A portion of the adjacent land situated in Sy.No.20/1 was assigned to the 4th respondent herein in the year 1996 which resulted in blocking the way to reach the educational institutions and the hospital situated on the other side of the road. Since the same was causing lot of inconvenience to the residents of the locality, they made a representation to the officials concerned. On the basis of the same, the assignment in favour of the 4th respondent was cancelled. Aggrieved by the same he filed O.S.No.68 of 1996 on the file of the Court of Senior Civil Judge, Palakonda. Though initially an interim injunction was granted by the Civil Court, subsequently the same was vacated on 01.02.2000. In spite of the same the 4th respondent continued in occupation of the land in Sy.No.20/1, thus blocking the access to the petitioner and the other residents of Sy.No.19 to reach the main road. Though the petitioner made several representations to the respondents 1 to 3 herein, no steps were taken to provide access to reach the main road leading to the Government hospital and other educational institutions. Hence the present writ petition seeking a direction to the respondents 1 to 3 to take immediate steps to provide access to the petitioner and other residents to reach the main road. In the counter-affidavit filed by the Mandal Revenue Officer, Palakonda it is stated that having found that the land assigned to the 4th respondent was blocking the way to reach the main road of Palakonda town, the assignment was cancelled by the Revenue Divisional Officer following due process of law vide proceedings dated.28-08-1996. However, the 4th respondent filed O.S.No.68 of 1996 in which an order of temporary injunction was passed by the Court of the District Munsif, Palakonda restraining the respondents from interfering with the possession and enjoyment of the 4th respondent. Challenging the said order C.M.A.No.11 of 1997 was preferred in the Court of the Senior Civil Judge, Rajam which was allowed on 01-02-2000 thereby setting aside the order of temporary injunction and directing the suit to be disposed of expeditiously. Aggrieved by the said order, the 4th respondent filed Civil Revision Petition No.2043 of 2000 and this Court by order dated.30-06- 2000 suspended the operation of the order in CMA No.11 of 1997. Thus it is pleaded that after the disposal of Civil Revision Petition No.2043 of 2000, the land will be resumed from the 4th respondent and appropriate steps will be taken to provide the access. When the matter is taken up for consideration it is brought to my notice by the learned counsel for the petitioner that during the pendency of this writ petition by judgment dated.25-08-2005 O.S.No.68 of 1996 filed by the 4th respondent herein was decreed granting permanent injunction restraining the defendants from interfering with the possession and enjoyment of the land in his possession. Nothing could be placed before this Court by either of the parties to show that any appeal is pending against the judgment and decree in O.S.No.68 of 1996. In view of the judgment and decree in O.S.No.68 of 1996 which appears to have become final, there is no possibility to provide access to the petitioner and others to reach the main road through the land in possession of the 4th respondent. However it is always open to the respondents 1 to 3 to explore the possibility of bringing a compromise in the matter. It is also open to the respondents 1 to 3 to consider the feasibility of assigning some other alternative land to the respondent No.4 in lieu of the land in Sy.No.20/1 so as to provide access to the petitioner and other residents of Sy.No.19/4 of N.K.Rajapuram Village in Palakonda Town through Sy.No.20/1. With the above observations the writ petition is disposed of. No costs. _____________ G.ROHINI,J 25TH November,2008 *TSNR