IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 25600 of 2008 Between: 1 Kandra Laxmi Bayamma, W/o. Narasaiah, R/o. Kandukur, Prakasam District. 2 Nalluri Leelavathamma, w/o. Narasimham, R/o. Kandukur, Prakasam District. 3 Chitta Chenchu Ramaiah, S/o. Basavaiah, R/o. Kandukur, Prakasam District. ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh, Rep by its Secretary, Revenue Department, Secretariat, Hyderabad. 2 The District Collector, Prakasam District, Ongole. 3 The Tahasildar, Kandukur Mandal, Prakasam 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in making attempts to allot house sites to Journalists and persons representing media in an extent of Ac. 2.02 cents in Sy.No. 1882/3 of Mahadevapuram Village, which is in possession of the petitioners from times immemorial, as illegal, arbitrary and unconstitutional and consequently direct the respondent not to alienate Ac. 2-02 cents of land in S.No. 1882/3 of Mahadevapuram Village, making it house plots to third parties including Journalists and media representatives, by directing the respondents to regularize the possession of the petitioner on the above land on payment of market value and pass Counsel for the Petitioner:MR.N.RAVI PRASAD Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORDER: The petitioners seek to interdict the respondents from allotting house sites to journalists and other persons representing media, of an extent of Ac. 2.02 cents in S.No. 1882/3 of Mahadevapuram village, Kondapur mandal, Prakasham District. This writ petition is filed as a pre-emptive action. The petitioners claim to be representing themselves as well as 100 other cultivators of several lands on the northern aspect of the road leading from Kandukur to Mahadevapuram. The petitioners claim to own and possess an extent of Ac. 5.00 in S.No. 1903 of Mahadevapuram village. In between the petitioners’ land and the road, there is an extent of Ac. 2.0.2 cents in S.No. 1882/3 belonging to the State. This public property is being used by the petitioners for ingress and egress to their property and also by the owners and possessors of another extent of Ac. 100.00 (who are not parties to the writ petition). On learning that the Grampanchayat Mahadevapuram has passed a resolution on 20.8.2008, that the land in S.No. 1882/3 of an extent of 2.02 cents along with certain other lands should be given on assignment to accredited journalists and persons representing media for the purpose of house sites, the petitioners have come to this court asserting an easementary right of passage, as an easement of necessity to reach the Kandukuru - Mahadevapur road through the public property of an extent of Ac. 2.02 cents in S.No. 1882/3. The claims and determination as to the easementary right by the petitioners and whether the relevant facts constitute and establish an easement of necessity or otherwise are more appropriately determined before a civil court of competent jurisdiction. In the circumstances, this court is not inclined to exercise its discretionary jurisdiction by taking up this cause under Article 226 of the Constitution. On the aforesaid analysis, the writ petition is dismissed but with liberty preserved to the petitioners to pursue the appropriate remedies before a civil court of competent jurisdiction. No order as to costs. __________________ GODA RAGHURAM,J KRB. THE HON’BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION No. 25600 of 2008 Dated: 29.4.2009.