THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.25365 of 2009 ORDER: Though the interlocutory matter is listed for hearing, the main writ petition itself is taken up for hearing and being disposed of by this order. In this writ petition, petitioner seeks a mandamus declaring the action of respondent Nos.1 and 2 in not taking action on his representation, dated 04.11.2009, as illegal and arbitrary. It is the allegation of the petitioner that respondent No.3 had encroached into the road of the Gram Panchayat and made constructions illegally. In this view of the matter, being the neighbour, he has filed the representation to respondent Nos.1 and 2, but no action has been taken. Respondent No.3 has filed a counter-affidavit. In the counter-affidavit, while denying various allegations made by the petitioner, it is stated that the petitioner has already filed O.S.No.177 of 2009 on the file of the learned Junior Civil Judge, Kodad, with similar set of allegations and such suit is pending consideration. It is also stated that the suit is coming up for trial. Whether respondent No.3 has encroached into the road belonging to the Gram Panchayat or not is a matter for enquiry. However, the matter is seized up before the learned Junior Civil Judge, Kodad, in O.S.No.177 of 2009. When the matter is seized up before the civil Court and unless findings are recorded after full-fledged trial, this Court cannot issue directions, as prayed for, in this writ petition. In view of the above, leaving it open to the petitioner to pursue O.S.No.177 of 2009, the writ petition is dismissed. No order as to costs. _____________________ R.SUBHASH REDDY,J Dt:05.12.2011. kdl