HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.21323 of 2011 Date : 19-8-2011 Between: Kudulla Vyna Tejeswara Rao .. Petitioner And District Collector and Chair Person, District Legal Committee, West Godavari District at Eluru and others .. Respondents Counsel for petitioner : Sri Nimmagadda Satyanarayana Counsel for respondent Nos.1 to 3 : Assistant Government Pleader for Revenue Counsel for respondent No.4 : Assistant Government Pleader for Fisheries The Court made the following: ORDER: This Writ Petition is filed for the following substantive relief: “…to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring inaction on the part of respondent Nos.1 to 4 on the petitioner’s representation dated 14-6-2011 for prevention of 5th respondent from undertaking illegal excavation of fish tank in the land of Ac.30-51 cents in R.S.Nos.222, 223, 233/2A, 222/2B, 235, 655/13, 654, 224/1, 224/3, 224/6, 225/3 and 234 of Ponagi village of Eluru Mandal in West Godavari District as illegal, irregular, irrational, contrary to G.O.Ms.No.24, dated 9-4-2010 issued by Government of Andhra Pradesh, Animal Husbandry, Dairy Development and Fisheries (F-II) Department and consequently direct respondent Nos.1 to 4 to prevent 5th respondent from converting said lands into fish tanks…” In para-4 of the affidavit filed in support of the Writ Petition, the petitioner has stated that he has filed O.S.No.243/2011 in the court of the learned I Additional Junior Civil Judge, Eluru against respondent No.5 and his family for permanent injunction restraining them from converting their lands into fish tanks and that the same is pending. In my opinion, the petitioner, having filed the above mentioned civil suit, cannot be permitted to approach this court by invoking its extraordinary jurisdiction by splitting the causes. If the petitioner seeks enforcement of G.O.Ms.No.24, Animal Husbandry, Dairy Development and Fisheries (F-II) Department, dated 9-4-2010, he can as well claim relief in respect thereof by impleading the Government functionaries connected with the implementation of the said G.O. In this view of the matter, the Writ Petition is dismissed with liberty to the petitioner to seek appropriate relief in the above mentioned pending suit. As a sequel to dismissal of the Writ Petition, WPMP No.25955/2011 is dismissed as infructuous. _________________________ Justice C.V. Nagarjuna Reddy Date 19-8-2011 AM