IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NO.14413 OF 2002 Dt.29.12.2009 Between: G. Bhemalingappa … Petitioner And The Mandal Revenue Officer Asapari Mandal, Asapari, Kurnool District and others … Respondents THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NO.14413 OF 2002 ORDER: This Writ Petition is filed for a Mandamus to declare the action of the respondents in laying a road in patta land of the petitioner comprised in S.No.132/1 of Chirumanudoddi Village, Asapari Mandal, Kurnool District, as illegal and arbitrary. Heard Sri T. Narasimha Chary, representing Sri P. Gangarami Reddy, learned Counsel for the petitioner, and perused the record. While the petitioner apprehended that over an extent of Ac.6.97 cents of the land in the above mentioned survey number, which allegedly belongs to him, at the instance of the villagers, respondent No.1 was proposing to lay a road, in the counter affidavit filed by respondent No.1 it is stated that a cart track is already in existence over the said land and that there are no proposals to form a new road. Having regard to this stand, it is clear that the apprehension of the petitioner that respondent No.1 is proposing to lay a road, is not correct. The questions whether there is a cart track over the land comprised in S.Nos.132/1, 158, 161 and 166 of Chirumanudoddi Village and whether the villagers are entitled to use the alleged cart track, are the matters which require to be adjudicated by a competent Civil Court. Therefore, the Writ Petition is disposed of by placing on record the statement of respondent No.1 that no fresh road is proposed to be laid over the land in dispute. The petitioner is given liberty to approach the competent Civil Court, if he disputes the right of the villagers to use a part of his land as cart track. As a sequel to disposal of the Writ Petition, W.P.M.P. No.18014 of 2002 and W.V.M.P. No.3730 of 2003, filed by the respective parties, are disposed of as infructuous. ______________________ C.V. NAGARJUNA REDDY, J 29.12.2009 bnr