IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 7766 of 2001 Between: D.Subramanayam Raju S/o. D.Subramanyam Raju R/o. Venkatarajula Kandriga Village, Sathyavedu Mandal, Chittoor District. ..... PETITIONER AND 1 Govt of A.P., Rep by its District Collector, Chittoor District. 2 Govt of A.P. Rep by its Mandal Revenue Officer, Satyavedu Mandal, Satyavedu, Chittoor District. 3 Govt Of A.P., Rep by its Mandal Development Officer Satyavedu Mandal, Satyavedu, Chittoor District. ...RESPONDENTS Counsel for the Petitioner:SRI SHEKAR FOR SRI .P.VENUGOPAL Counsel for the Respondents: GP FOR REVENUE The Court made the following : O R D E R: This writ petition is filed for the following substantive relief: “Hence, it is prayed that this Hon’ble Court may be pleased to issue any appropriate Writ, order or direction, preferably a Writ in the nature of Mandamus declaring the action of the respondent in not paying compensation to the petitioner in respect of the agricultural land admeasuring Ac.7.71 situated in Sy.No.257, 258 & 261 of Satyavedu Village & Mandal, Chittoor District, wherein Mango, Jack Fruit and Cashew nut trees were damaged due to the excavation of Telugu Ganga Project K.P.Canal, in spite of damage being assessed at Rs.1,15,650/- by the 1st respondent as being violative of Articles. 14 & 300-A of the Constitution of India and also being illegal, and arbitrary and consequently direct the respondent to pay a sum of Rs.1,15,650/- together with interest as determined by this Hon'ble Court from due date.” After arguing the case for sometime, Sri Shekar, learned counsel representing Sri P.Venugopal, learned counsel for the petitioner, sought for permission of this Court to withdraw the writ petition with liberty to file a civil suit for recovery of damages for the alleged withering away of the mango crop on account of excavation of Telugu Ganga Canal. This Court also feels that filing of civil suit is a proper and appropriate remedy for the petitioner as the civil Court can only go into the factum of damages and quantum of compensation, on the basis of the evidence to be adduced by the respective parties. In view of the same, the writ petition is dismissed as withdrawn with liberty to the petitioner in terms of the prayer made. C.V.NAGARJUNA REDDY, J Dated 2nd March, 2009 vrn