HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.4870 of 2009 ORDER: The petitioners claim that there existed a canal bund in Survey No.778 of Bendamurlanka Village, Allavaram Mandal, East Godavari District and pipelines, underneath the bund, to supply water to the neighbouring lands. The petitioners claim to be the owners of Ac.16.50 cents of land in Survey Nos.624, 628, 629, 640, 780 and 781 of that village. Their grievance is that respondents 7 and 8 have damaged the canal bund as well as the pipes under it and thereby the water flow is prevented. The petitioners claim to have made representations to respondents 1 to 6 for restoration of the irrigation facilities and complain that no action has been taken thereon. Heard the learned counsel for the petitioners and the learned counsel for the respondents. Several disputed questions of fact need to be examined in the context of the complaint made by the petitioners, such as whether or not there existed any public irrigation system and if so, the nature thereof. Further, the petitioners have to establish that the facility that was existing was damaged by respondents 7 and 8. It is only in a property constituted suit, that such questions can be determined effectively. The writ petition is not a proper remedy. Therefore, the writ petition is dismissed leaving it open to the petitioners to file a suit to work out their remedies. There shall be no order as to costs. _________ 12.03.2009 JSU HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.4870 of 2009 Date: 12.03.2009 JSU