The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.22453 of 2011 Date: 28.09.2011 Between: Sk.Vali Pasha ..... Petitioner AND 1.The Deputy Executive Engineer, Irrigation and Command Area development, Aswaraopet Village & Mandal, Khammam District and 2 others. .....Respondents Counsel for the Petitioner: Sri V.Venugopala Rao Counsel for respondent Nos.1 & 2: AGP for Irrigation & CAD Counsel for respondent No.3: AGP for Revenue, The Court made the following: Order: This Writ Petition is filed for a Mandamus to declare the action of the respondents, in digging field channel, through the private land of the petitioner, over Ac.0-20 guntas out of Ac.3-27 guntas in Survey Nos.641/A, 642/A and 643/A of Aswaraopet Village and Mandal, Khammam District, as illegal and arbitrary. The petitioner averred that his mother purchased the above-mentioned land, under various sale deeds in the years 1990 and 1994 from its rightful owners. The petitioner has, subsequently, succeeded to the said property through the registered gift settlement deed, dated 04-03-2010. The petitioner alleged that even though there is one main canal, which emanates from Ankamma Cheruvu, and also sub-channels being in existence, at the instance of owners of the neighbouring lands, the respondents have proposed to dig a new channel on southern side of the petitioner’s lands occupying about Ac.0-20 guntas belonging to the petitioner. The petitioner claims to have made a representation and similarly several other farmers also made representations to various authorities including the District Collector complaining of the digging of a new channel. The petitioner also claimed that his father made a representation on 06-07-2011 to respondent No.3- Tahsildar, Aswaraopet Mandal, on which an enquiry was made by the latter and the police protection, which was earlier granted for carrying on digging activity being objected by the petitioner and others, was withdrawn. Respondent No.1 filed a counter-affidavit wherein it is inter alia stated that there is a Central main canal, existing from times immemorial, which leads from west to east, apart from existence of its sub-channels. It is further averred that the respondents are not digging any new channel from the petitioner’s field; that on a complaint made by one S.Subbarao, on 09-05-2011, the District Collector ordered an enquiry, during which it was found that there is a field channel in existence, which was closed, and that the petitioner was asked to open the same. It is further stated that during the enquiry, the person, who sold the subject land to the petitioner, gave statement that there was a field channel in existence at the time of sale itself. The counter- affidavit reiterated that the respondents are not digging any new channel; that therefore, there is no necessity to acquire the petitioner’s land; that even prior to the purchase of the land by the petitioner’s family, the field channel was in existence and; that the ryots having lands on the lower side are getting their lands irrigated through this channel. It is further submitted that respondent No.3 has asked the parties to appear before him on 12-07-2011. From the respective pleadings of the parties, it is seen that there is a serious dispute as to the existence or otherwise of a field channel in the subject land. In a proceeding, under Article 226 of the Constitution of India, it is not possible for this Court to adjudicate on this dispute. This disputed question of fact can be resolved only by the competent civil Court on the basis of the evidence that may be adduced by both the parties. Therefore, this Court finds that this is not a fit case for adjudication on merits. The petitioner is relegated to the civil court of competent jurisdiction to establish his right and claim appropriate relief. Subject to the above observations, the Writ Petition is dismissed. As a sequel to dismissal of the Writ Petition, interim order, dated 09-08-2011, is vacated and WPMP.No.27401 of 2011 is disposed of. ______________________ (C.V.Nagarjuna Reddy, J) 28th September, 2011 LUR