IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 145 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 04/02/2009 in WP NO : 28187 OF 2008 on the file of the High Court.) Between: Gurram Venkatamma W/o.Venkata Subbaiah Naidu 9/374 Park Street Sullurpet SPSR Nellore District ..... APPELLANT AND 1 Head Construction & Maintenance Divsion Satish Dhavan Space Centre SHAR Sriharikota SPSR, Nellore District 2 Head Personnel & General Administration-II Satish Dhavan Space Centre SHAR Sriharikota SPSR, Nellore District .....RESPONDENT(S) Counsel for the Appellant: SRI.V.SUDHAKAR REDDY Counsel for the Respondent No.: MR.PENJURIVENUGOPAL The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 145 of 2009 JUDGMENT: (Per Hon’ble Sri Justice C.V. Nagarjuna Reddy) This writ appeal is filed against order, dated 4.2.2009 in WP No.28187 of 2008, whereby the learned Single Judge dismissed the writ petition filed by the appellant. The facts in detail have been narrated by the learned single Judge in the order under appeal and hence, they need not be repeated. The only question that arises for consideration is whether the appellant has chosen a right remedy by filing the writ petition. Even according to the appellant, there is an easement of necessity for using the road, which is now sought to be closed by the respondents, as ingress and egress to her land. Such a dispute can only be raised in a Civil Court by way of a civil suit. If the appellant is able to establish her right of easement, she will be entitled to get the relief from the Civil Court. The learned single Judge having discussed the facts also found that an alternative way is available to the appellant as ingress and egress to her land. In our considered view, the disputed questions viz., whether the appellant has got alternative way, the road in question is vested in the Grampanchayat and the appellant has got right of easement are required to be considered and decided by the Civil Court. In this view of the matter, we do not find any error in the order of the learned single Judge. Liberty is, however, given to the appellant to avail the remedy of suit before the appropriate Court. If such suit is filed, the Civil Court shall decide the suit without being influenced by any of the findings contained in this and the order of the learned single Judge. Accordingly, the writ appeal is dismissed. No order as to costs. ________________________ Justice T. Meena Kumari _____________________________ Justice C.V. Nagarjuna Reddy Dated: 13.2.2009 Note: Issue CC in two days (BO) Nn. THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 145 of 2009 (Judgment delivered by the Hon’ble Sri Justice C.V. Nagarjuna Reddy) 13.2.2009