THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.8712 of 2011 Dated 01st April, 2011 Between: Madduri Rama Somayaji Sastry …Petitioner And The State of Andhra Pradesh rep.by its Principal Secretary (Panchayat Raj Department) Secretariat, Hyderabad and others …Respondents Counsel for the petitioner: Sri E.V.V.S.Ravi Kumar Counsel for Respondent No.1: AGP for Panchayat Raj Counsel for Respondent No.2: Sri G.Elisha The Court made the following: ORDER: This writ petition is filed for a mandamus to declare the action of respondent No.2 in seeking to lay 8’ gravel road by encroaching into the petitioner’s property on the eastern side of the premises bearing D.No.3-40 of Pedakapavaram Village, Akiveedu Mandal, West Godavari District, as illegal and arbitrary. From the facts pleaded by the petitioner, I am of the view that the dispute raised by him cannot be adjudicated in this writ petition, as they involve issues concerning the facts, such as, whether original width of the road is 6’ or not and whether respondent No.2 is seeking to encroach upon the petitioner’s property. No constitutional or legal issues arise in this case for this Court’s consideration under Article 226 of the Constitution of India. In the opinion of this Court, the appropriate remedy for the petitioner is to approach the competent civil Court and seek adjudication of his right over the land in question over which respondent No.2 is allegedly proceeding to lay a road. Subject to the above observations, the writ petition is dismissed. As a sequel to dismissal of the writ petition, W.P.M.P.No.10811 of 2011 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 01st April, 2011 VGB