IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF JANUARY TWO THOUSAND AND FIVE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO.748 of 2005 Between: Mannava Dhana Lakshmi, W/o. Sambasiva Rao, R/o. Komerapudi Village, Sattenapalli Mandal, Guntur District. ..... PETITIONER AND 1 The District Collector, Guntur District. 2 The Mandal Revenue Officer, Sattenapalli, Guntur District. 3 The Revenue Divisional Officer, Guntur Division, Guntur 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 may be pleased to issue a writ more particularly the Writ of Mandamus, declaring the action of the respondents in distributing the lands of the petitioner admeasuring Ac. 2.17 cents in D.No. 400 & 401 and Ac. 2.81 in D.No. 614-1B, 607/1C and 607/1A situated at Dullipalla Village, Sattenapalli Mandal, Guntur District to the landless people on 26- 1-2005 or thereafter as illegal, arbitrary, and unreasonable, consequently to direct the respondents not to interfere with the peaceful possession and ownership of the petitioner lands. Counsel for the Petitioner: MR.S.S.BHATT Counsel for the Respondents: GP FOR REVENUE The Court, at the admission stage, made the following: ORDER: The petitioner claims to be owner and possessor of the land admeasuring Ac.2.17 cents in D.Nos.400 and 401 and Ac.2.81 cents in D.Nos.614-1B, 607/1C and 607/1A situated at Dullipalla Village, Sattenapalli Mandal, Guntur District, having acquired the same under a registered gift deed dated 06.06.2001 executed by her mother and brothers. It is stated that when the respondents are trying to take possession of the said lands from the petitioner to distribute the same to others on 26.01.2005, she filed suit O.S.No.409 of 2004 on the file of Principal Junior Civil Judge, Sattenapally along with temporary injunction petition in I.A.No.1113 of 2004. It is stated that arguments were heard in the said injunction petition and the same was reserved for orders. The grievance of the petitioner is that while the said suit and injunction petition are pending the respondents are trying to distribute her land to others on 26.01.2005. Hence, she filed the present writ petition. Heard the learned counsel for petitioner and learned Government Pleader for Revenue. As against the very impugned action of the respondents, the petitioner had already filed civil suit O.S.No.409 of 2004 on the file of the Principal Junior Civil Judge, Sattenapally along with temporary injunction petition in I.A.No.1113 of 2004, which is pending and in which it is stated that arguments were also heard and the matter reserved for orders. If pending disposal of the suit the respondents are seeking to evict the petitioner and distribute her land to others it is always open to her to approach the very same Court, in which she has filed suit and injunction petition, for redressal of her grievance. The petitioner, having availed the civil remedy, cannot be permitted to file writ petition under Article 226 of the Constitution of India for the very same relief. The writ petition is devoid of merit and accordingly the same is dismissed at the admission stage. No costs. _______________ N.V. RAMANA, J. Date: 25.01.2005 Nsr/Mrr ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District Collector, Guntur District. 2 The Mandal Revenue Officer, Sattenapalli, Guntur District. 3 The Revenue Divisional Officer, Guntur Division, Guntur District. 4 Two CCs to GP for Revenue, High Court of AP, Hyderabad (OUT) 5. 2 CD copies Form-NIC-OGS/WP{RLD}