THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.29482 of 2010 Date: 26.11.2010 Between: G. Hanumanthappa ..... PETITIONER AND The State rep. by its District Collector, Chittoor , Chittoor District and others. .....RESPONDENTS Counsel for the Petitioner : Smt. P.R.V. Kadambari Counsel for Respondent Nos.1 & 2 : A.G.P. for Revenue The Court made the following : THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.29482 of 2010 Order: This writ petition is filed for a Mandamus to declare the inaction of respondent Nos. 1 and 2 in taking action against respondent Nos. 3 to 5 as illegal and arbitrary. Petitioner sought for a consequential direction to respondent Nos. 1 and 2 to ensure that respondent Nos. 3 to 5 do not obstruct the petitioner from using the passage way to his agricultural lands. I have heard the learned counsel for the petitioner and perused the record. The grievance of the petitioner is that respondent No.3 in whose name the land in Survey No. 1271-1H is transferred has been obstructing the petitioner from using the said land, which is a passage, and that the representations made to respondent Nos. 1 and 2 to take action against respondent Nos. 3 to 5 have not yielded any results. In my opinion, this writ petition is wholly mis-conceived because even if the facts pleaded by the petitioner are accepted on their face value, they would reveal that the dispute is purely civil in nature between the petitioner on the one side and respondent Nos. 3 to 5 on the other. On the other hand, respondent Nos. 1 and 2 have neither power nor authority to prevent respondent Nos. 3 to 5 to use the land, which is stated to be standing in the name of respondent No.3, according to their convenience. If the said land is classified as a road or passage or if the petitioner claims an easementary right over the lands in question to reach his fields, he is entitled to avail appropriate common law remedy to assert his right over the purported road/passage. In this view of the matter, the writ petition is dismissed with liberty to the petitioner to work out his remedies before appropriate Court of Law. As a sequel to disposal of main petition, W.P.M.P. No.37549 of 2010 is disposed of as infructuous. __________________________ C.V. NAGARJUNA REDDY,J DATE: 26th November, 2010 pnb