IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE THIRD DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT APPEAL NO : 1247 of 2001 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated ______ in WP NO : 13028 OF 2001 on the file of the High Court.) Between: ..... APPELLANT AND .....RESPONDENT Counsel for the Appellant:MR.T.V.S.KUMAR Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SMT. JUSTICE T.MEENA KUMARI AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.1247 OF 2001 ORAL JUDGMENT: (Per Hon’ble Smt. Justice T.Meena Kumari) The present writ appeal is filed questioning the order dated 29.06.2001 passed by a learned single Judge of this Court in Writ Petition No.13028 of 2001. The writ petitioners are the appellants herein and they sought to question the proceedings No.1628/Irrigation/ 99, dated 07.06.2000 passed by the Revenue Divisional Officer, Cuddapah, the second respondent herein, wherein the second respondent accorded permission to Sri Busireddy Raja Reddy, the third respondent herein, to dig a bore well and lay a pipeline in the Government land in survey Nos.25/4, 13/12, 13/8, 14/2, 7/13, 8/9, 9/13 and 698 existing, of Rayalapanthulapalle and Thadigotla villages of C.K.Dinne Mandal for the purpose of cultivation. The above proceedings emanated in pursuance of the order dated 17.01.2000 passed by the Principal Junior Civil Judge, Cuddapah, in O.S.No.524 of 1998 permitting the digging of a bore well and laying of a pipe line in the above stated survey numbers for cultivating the lands, while dismissing the appeal preferred by Sri S.Naga Subba Reddy and his three sons. Questioning the proceedings dated 07.06.2000 passed by the second respondent, the writ petition was filed. The learned single Judge, while dismissing the writ petition, observed that the appellants herein already approached the learned III Additional Junior Civil Judge, Cuddapah, in O.S.No.215 of 1991 and obtained interlocutory orders against the third respondent herein and that it would not be appropriate to interfere with in the writ petition and express any opinion on the merits of the case. The learned counsel appearing for the appellants sought to contend that the learned single Judge observed that the interlocutory order obtained in the suit was against the unofficial respondent No.3 herein but they questioned the proceedings dated 07.06.2000 passed by the second respondent. However, in view of the fact that the impugned proceedings emanated in pursuance of the order dated 17.01.2000 passed by the Principal Junior Civil Judge, Cuddapah, in O.S.No.524 of 1998, we are of the opinion that the order dated 29.06.2001 passed by the learned single Judge in Writ Petition No.13028 of 2001 is perfectly valid and legal and need not be interfered with. With the above observation, the Writ Appeal is dismissed. The III Additional Junior Civil Judge, Cuddapah, shall dispose of the suit, O.S.No.215 of 1991, in accordance with law within a period of six months from the date of receipt of a copy of this order, if not already disposed of. There shall be no order as to costs. ______________________ T.MEENA KUMARI, J ____________________ SANJAY KUMAR, J 3rd June, 2009. VGSR