IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 11849 of 2009 Between: Rami Reddy Narsa Reddy S/o. Subba Reddy R/o. Kalaparru Village, Pedapadu Mandal, West Godavari District. ..... PETITIONER AND 1 The District Collector West Godavari District Eluru. 2 The District Panchayath Officer West Godavari District Eluru. 3 The Executive Officer Kalaparru Gram Panchayat Pedapadu Mandal, West Godavari District. 4 Chinnam Venkateswara Rao S/o. Veerabhadra Rao Kalaparru Village, Pedapadu Mandal, West Godavari District. .....RESPONDENTS 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 issue writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the Respondent No.1 to 3 for not taking action for encroachment of "Tondam Cheruvu" situated in Kalavaparru Village, Pedapadu Mandal, West Godavari District which is meant for washing of the Cattle in the Village upon the representation made by the petitioner and others dated 27-04-2009 is illegal, arbitrary and unconstitutional consequently direct the respondents No.1 to 3 to conduct the enquiry pertaining to encroachment of the "Tondam Cheruvu" situated in Kalavaparru Village which is meant for washing of Cattle in the Village and restore it as in its position. Counsel for the Petitioner:MR.K.V.SUBBA REDDY Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : ORDER: This writ petition is filed by the petitioner, a resident of Kalaparru Village, Pedapadu Mandal, West Godavari District stating that at the instance of the 4th respondent herein, the Sarpanch of the village, his followers and some of the villagers are encroaching the Tondam Cheruvu, which is meant for washing cattle and are converting the same into house sites. Complaining the same, he and some other villagers made a representation to the 1st respondent on 27.4.2009 to stop the encroachment of the Cheruvu and construction of houses but so far no action has been taken on the said representation and hence this writ petition. This Court while admitting the writ petition on 18.6.2009 issued notice to the respondents. Pursuant to the same, the learned standing counsel for the respondent Gram Panchayat appeared before this Court and submitted that already a civil suit being O.S.No.289 of 2009 has been preferred for the same relief before the learned I Additional Junior Civil Judge, Eluru by some other villagers and that the same is pending. Since for the very same relief a civil suit is already filed and the same is pending, the petitioner is directed to implead himself before the Court below in O.S.No.289 of 2009 and pursue the matter. With the above observation, the writ petition is disposed of. No costs. N.V.RAMANA,J DT.3.7.2009 msv