IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE THIRD DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 631 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order, dated 12/03/2009 in WP NO :4870 OF 2009 on the file of the High Court.) Between: 1 Gurram Venkata Ramaiah S/o. late Narayana Murthy R/o. Bendamurlanka, Allavaram Mandal, East Godavari District. 2 Mangina Saraswathi W/o. Venkata Satya Prasad R/o. Lakkavaram, Malkipuram Mandal, East Godavari District. ..... APPELLANTS AND 1 The State, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. 2 The District Collector, East Godavari District. Kakinada. 3 The Revenue Divisional Officer Amalapuram, East Godavari District. 4 The Tahsildar O/o. Tahsildar, Allavaram Mandal, Allavaram, East Godavari District. 5 The Superintendent Engineer Irrigation Circle Dowlaiswaram, East Godavari District. 6 The Deputy Executive Engineer Irrigation Sub-Division Amalapuram, East Godavari District. 7 Petchetti Veera Venkata Satyanarayana @ Babji S/o. Muthyalu R/o. Vodalarevu, Allavaram Mandal, East Godavari District. 8 Petchetti Rama Krishna S/o. Muthyalu R/o. Vodalarevu, Allavaram Mandal, East Godavari District. .....RESPONDENTS Counsel for the Appellant: SRI CHANDRA SEKHAR ILAPAKURTI Counsel for the Respondent No.: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 631 of 2009 JUDGMENT: (per Hon’ble Smt. Justice T.Meena Kumari) This writ appeal is filed against the order, dated 12.3.2009 passed by the learned single Judge in W.P.No.4870 of 2009. The appellants herein are the writ petitioners. They filed the above writ petition seeking a direction to respondents 2 to 6 to restore the canal bund passage by removing the encroachments of respondents 7 and 8 by fixing the pipes underneath the passage in the water channel of the existing damaged/obstructed canal bund under surveyNo.778 of Bendamurlanka of Allavaram Mandal, East Godavari District, claiming that there existed a canal bund in Survey No.778 of Bendamurlanka village, Allavaram Mandal, East Godavari District and pipelines underneath the bund to supply water to the neighbouring lands and that they are the owners of Ac.16.50 cents of land in Survey Nos.624, 628, 629, 640, 780 and 781 of that village and that respondents 7 and 8 have damaged the canal bund as well as the pipes under it and thereby, the water flow is prevented, and in spite of representations for restoration of the irrigation facilities, no action has been taken. The Court below having observed that several disputed questions of fact need to be examined in the context of the complaint made by the writ petitioners, such as whether or not there existed any public irrigation system and if so, the nature thereof, and further the writ petitioners have to establish that the facility that was existing was damaged by respondents 7 and 8 and it is only in a properly constituted suit, that such questions can be determined effectively and the writ petition is not a proper remedy, dismissed the writ petition leaving it open to the writ petitioners to file a suit to work out their remedies. Having aggrieved by the same, the present writ appeal has been preferred. Heard the learned Counsel and perused the material available on record. It is the main grievance of the appellants that respondents 7 & 8 have damaged the canal bund as well as the pipes under it and in spite of the complaint for restoration of the irrigation facilities, no action has been taken. The grievance that was urged before us as well as the single Judge is a question of fact, which can be adjudicated on production of evidence. In view of the fact that the issue involved in this matter, is a question of fact, which has to be adjudicated on production of evidence before the appropriate forum, we have no hesitation to hold that the order under appeal does not warrant any interference. It is made clear that the appellants are at liberty to avail the remedies that are open under law. Accordingly, the writ appeal is dismissed. No order as to costs. _______________________ Justice T.Meena Kumari ______________________ Justice Sanjay Kumar Dated: 3rd June, 2009 Gurc/nn. THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 631 of 2009 (Order of the Division Bench delivered by the Hon’ble Smt. Justice T.Meena Kumari) 3rd June, 2009