IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT: THE HON'BLE SRI JUSTICE P.SWAROOP REDDY WRIT PETITION No.2308 OF 2002 Between: S. Ahmadjan S/o Mahaboob Saheb Rangapuram, Palamaner Town, Chittoor Dist. ..... PETITIONER AND 1 MRO., Gangavaram Mandal, Palamaner, Chittoor Dist. 2 Jayaramaiah S/o Kondanna Nadimpalli Village, Palamaner, Chittoor Dist. 3 Venkataramudu S/o Bangaraiah Nadimpalli Village, Palamaner, Chittoor Dist. 4 Ramaiah S/o Buddanna Nadimpalli Village, Palamaner, Chittoor Dist. 5 Balaji S/o Ramudu Nadimpalli Village, Palamaner, Chittoor Dist. 6 Ramana S/o Naryanappa Nadimpalli Village, Palamaner, Chittoor Dist. 7 Eswara S/o Muniramaiah Nadimpalli Village, Palamaner, Chittoor Dist. 8 Subramanyam S/o Munivenkatappa Nadimpalli Village, Palamaner, Chittoor Dist. 9 Ananda S/o Subbaramaiah Nadimpalli Village, Palamaner, Chittoor Dist. 10 Itukuralla Ananda S/o Subbaramaiah Nadimpalli Village, Palamaner, Chittoor Dist. 11 Papaiah S/o Dasappa Nadimpalli Village, Palamaner, Chittoor Dist. 12 Rajendra S/o P.Ramaiah Nadimpalli Village, Palamaner, Chittoor Dist. 13 Seenu S/o Jayaramaiah Nadimpalli Village, Palamaner, Chittoor Dist. .....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 issue a writ of mandamus or any other appropriate writ or order or direction to call for the records from the office of R1 relating to digging of canal road side of Nadimpally, Namayampally Road at Sy.No. 702, 714, 715 & 697/2A purpotedly under Janmabhoomi & Food for work programme & declare it as arbitrary illegal, & high handed & also declare the digging of canal in the petitioner property at the afore said Sy.Numbers & partial demolition of petitioners poultry sheds without any notice to the petitioner as illegal & arbitrary & consequently direct the respondnets to restore the petitioner property as it stood before the action of the respondents with exemply costs Counsel for the Petitioner : SRI S. DWARAKANATH Counsel for the Respondent No. : GP FOR REVENUE The Court made the following : ORDER: The learned Government Pleader for Revenue reports that civil suit/s is/are pending for the similar relief. 2. According to the learned Government Pleader, the land in dispute is a rastha poramboke and it is a question of fact that cannot be decided in the writ petition and that when the suit/s is/are pending, it is not at all desirable to enter into that question in this writ petition. 3. In the circumstances, it is directed to follow the order dated 01-10-2002 in W.V.M.P. No.852 of 2002 passed by this Court in this writ petition, as the same is in force from seven (7) years, till disposal of the civil suits, if any, filed by the petitioner herein. 4. With the above direction, the Writ Petition is disposed of. No order as to costs. ____________________ P. SWAROOP REDDY, J July 17, 2009. PV