THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE B.N.RAO NALLA WRIT PETITION No.1169 OF 2010 BETWEEN: Velamati Saleswari and others … Petitioners AND Government of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad And others … Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE B.N.RAO NALLA WRIT PETITION No.1169 OF 2010 ORDER: (per Hon’ble Sri Justice V.V.S.Rao) The three petitioners who are residents of Hyderabad invoked Public Interest Litigation (PIL) jurisdiction seeking a writ of Mandamus directing the respondents, the Government of Andhra Pradesh, District Revenue Officials and local police officials not to allow/permit anybody to encroach upon the public donka/passage abutting NH9 from Vijayawada to Machilipatnam. It is the case of the petitioners that all of them own agricultural lands situated in Gosala Village of Penamaluru Mandal of Krishna District, which are given on lease to others. They allege that there is munsif gari donka abutting NH9 from Vijayawada to Machilipantam at a distance of 1½ kilometer. It is the only way to reach the lands of the petitioners, other residents of Gosala, Punasapadu and Edupugalli villages. They allege that at the instance of Sarpanch of Gosala, some persons made attempts to encroach upon the lands and raised huts, which are being used by land owners as ingress and egress. They apprehend that if the land is encroached upon by land grabbers, they would be deprived of the pathway to their lands and therfore, they filed the instant writ petition. Be it noted, some of the villagers, namely, P.B.Muralikrishna Rao, Y.Aruna Kumari, Parvataneni Koteswara Rao, Veeramachaneni Swarna Kumari, Chandraiah, Koteswara Rao and K.S.R.Prasad gave a representation to the District Collector on 16.10.2008 seeking redressal of the grievance. Even while the same is pending, they filed instant writ petition. This Court heard learned counsel for petitioners. The grievance made out in the representation given by some of the villagers and grievance of the petitioners herein is the personal grievance on an apprehension that they would be denied ingress and egress to their agricultural lands situated at Gosala village. Therefore, invokation of PIL jurisdiction of this Court is misconceived. Insofar redressal is concerned, some of the villagers have already approached the District Collector and nothing prevents the petitioners also to do so. The writ petition is filed in great haste. Further more, even if public donka is encroached upon by land grabbers, nothing prevents the Tahsildar, Kankipadu and Tahsildar, Penamaluru, to initiate action under Land Encroachment Act, 1905 and restore the donka. The writ petition is misconceived and is accordingly dismissed. No costs. _______________ (V.V.S.RAO, J) ____________________ (B.N.RAO NALLA, J) 28.01.2010 pln