IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.3202 of 2008 Between: Kilaru Amaranatha Reddy ..... PETITIONER AND The Government of Andhra Pradesh, Rep. by its District Collector, Chittoor District At Chittoor and 2 others .....RESPONDENTS THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.3202 of 2008 ORDER: This writ petition is filed for a Writ of Mandamus to declare the action of the respondents in seeking to demolish the house bearing D.No.2-39, situated at Rompicherla cross, Bommaiahgaripalle village, Rompicherla Mandal, Chittoor District, without considering the petitioner’s explanation dated 07.02.2008 and during pendency of the suit O.S.No.166/2007 on the file of the learned Junior Civil Judge, Piler, as illegal and arbitrary. Heard Sri V.Nitesh, learned counsel for the petitioner and perused the record. On the petitioner’s own averments contained in the affidavit filed in support of the writ petition, it is evident that he has already filed a civil suit which is pending as O.S.No.166/2007 on the file of the learned Junior Civil Judge, Piler. The learned counsel for the petitioner fairly admitted that the subject matter of the suit and this writ petition is one and the same, with the only difference that after filing of the civil suit, the impugned notice to remove the unauthorized construction was issued on 28.01.2008. In the considered view of this Court, the petitioner who has already availed his remedy by filing the civil suit against the proposed action of the respondents to remove the structure of the petitioner for the purpose of road widening, he cannot avail a parallel remedy by filing the present writ petition. Therefore, this Writ Petition is dismissed, giving liberty to the petitioner to seek appropriate orders in the pending civil suit. The learned counsel for the petitioner, however, submitted that since the respondents are likely to remove the encroachment at any time from now, the interest of the petitioner may be protected before he seeks an appropriate order in the pending suit. Having regard to the submission of the learned counsel for the petitioner, the respondents are directed not to demolish the structure in dispute, for a period of three days from today. ____________________________ C.V.NAGARJUNA REDDY,J Dated: 18.02.2008 Dsr Note: Communicate the order by wire at party’s costs. B/o Dsr