IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 22825 of 2007 Between: Sankuratri Mutyalamma, W/o. Late Veera Swamy, Rudraraju Laxmana Raju Street, Poduru Village and Mandal, West Godavari District. ..... PETITIONER AND 1 Revenue Divisional Officer, Sub-Collector's Office, Narsapur, West Godavari District. 2 The Poduru Gram Panchayat, Rep. by its Village Secretary, Poduru, West Godavari District. 3 Angaraju Srinivasa Raju, S/o. Rama Raju, Rudraraju Laxmana Raju Street, Poduru Village and Mandal, West Godavari District. .....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 to issue an appropriate Writ, or order or direction more partiuclarly onein the nature of Writ of Mandamus directing the respondents not to allow any person to discharge water from any sink, drain, latrine, stable or any other filth flow out of their premises to any portion of Chinchinada Canal, Poduru Village and Mandal, West Godavari District and declaring the inaction of the respondents 1 and 2 is contrary to the provisions of A.P. Panchayat Raj Act and to the Rules framed thereunder and pass such other order or orders as this Hon'ble Court may deem fi tand proper in the circumstances of the case. Counsel for the Petitioner:MR.S.V.R.SUBRAHMANYAM Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : ORAL ORDER: (Per Sri Anil R. Dave, CJ) It is an admitted fact that on the subject matter of this petition, a civil suit has already been filed by the petitioner being O.S.No. 534 of 2004 on the file of the Junior Civil Judge, Palakol, West Godavari District and the said suit is pending. Moreover, disputed questions of fact are involved in the petition and, therefore, this Court would not like to entertain this petition. For the aforestated reasons, the petition stands dismissed with no order as to costs. _____________________ ANIL R. DAVE, CJ __________________________ R. SUBHASH REDDY, J 3rd December, 2008. GRR