HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.23542 of 2011 Date: 15.11.2011 Between: Madiga Lakshminarasamma ..... Petitioners AND The District Collector, Ananthapur District And three others. .....Respondents Counsel for the Petitioner: Sri N.Aswarthanarayana Counsel for Respondent Nos.2 & 3: AGP for Panchayat Raj The Court made the following: ORDER: This Writ Petition is filed for a Mandamus to declare the action of the respondents in not taking any action on the petitioner’s representation, dated 29.03.2010, for payment of compensation in respect of Ac.1-00 cents of land in Survey No.67-2 of B.Yaleru Village, Atmakur Mandal, Ananthapur District, as illegal and arbitrary. The petitioner claims that her land referred to above was utilised by the respondents for formation of road from B.Yaleru to Talupur. Her grievance is that no compensation has been paid therefor. Respondent No.3 filed a counter-affidavit wherein it is inter alia stated that the work of formation of road upto Water Bound Mecedam (WBM) Grade-II from B.Yaleru to Talupur was administratively sanctioned vide proceedings Rc.No.2195/2009/K2, dated 08.02.2010, of the District Collector, Ananthapur, for a sum of Rs.82,99,310/-; that the road is in existence for four decades and is passing through various survey numbers of the village. On the representations of the residents of B.Yaleru and Talupur Villages, the Zilla Parishad, Ananthapur, has passed a resolution for improvement of the road and accordingly, the District Collector has sanctioned the said work. The counter- affidavit has denied the petitioner’s statement that an extent of Ac.1-00 cents of land was acquired in connection with the formation of road. It is empathetically stated in the counter- affidavit that no land was acquired for the formation of road in B.Yaleru Village. The Field Measurement Book extract of Survey No.67 of B.Yaleru Village and the Village map are enclosed to the counter-affidavit to substantiate their plea that the work undertaken was only improvement of the existing road upto WBM Grade-II and not formation of a road requiring the private lands including that of the petitioner. At the hearing, Sri N.Aswarthanarayana, learned counsel for the petitioner, has submitted on the basis of the copy of proceedings, dated 08.02.2010, of District Collector, Ananthapur, filed by the respondents along with the counter-affidavit that the work sanctioned was formation of the road and not improvement of the road. Even though the proceedings do not refer to improvement of the road, the counter-affidavit, however, in unequivocal terms asserted that the work undertaken is only improvement and not formation of a road as2 a road is already in existence. The copies of Field Measurement Book and the Village map prima facie substantiate this stand of the respondents. In my opinion, while exercising the jurisdiction under Article 226 of the Constitution of India, it is not possible for this Court to adjudicate on this disputed question of fact. The appropriate remedy for the petitioner is to approach the civil Court by way of a civil suit. For the above-mentioned reasons, the Writ Petition is dismissed with liberty to the petitioner to avail the remedy of a civil suit. As a sequel to dismissal of the Writ Petition, W.P.M.P.No.28839 of 2011 filed by the petitioner for interim relief is dismissed as infructuous. __________________________ C.V.NAGARJUNA REDDY, J 15th November 2011 DR