THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.23454 of 2009 ORDER: The petitioner claims to be the owner of premises bearing No.6- 3-1181, of Ramagiri, Nalgonda town. She submitted a representation dated 27-10-2009 to the 1st respondent, stating that the wife of the 2nd respondent herein had entered the land unauthorisedly and is attempting to make construction. She is said to have started digging pits for erection of pillars. The grievance of the petitioner is that the 1st respondent is not taking action on the representation. Heard the learned counsel for the petitioner and learned Standing Counsel for the 1st respondent. Even from a perusal of the representation made by the petitioner, it is evident that the 2nd respondent or his wife, have entered the land and started digging pits. There is hardly anything that the 1st respondent can do about it. Mere digging of pits does not amount to construction. It is only when a visible construction is brought into existence, that the 1st respondent can step in. Further, once the petitioner alleges that the 2nd respondent, or his wife, is trying to encroach into the property, the only remedy available to her is, to file a suit for necessary relief. Such disputed questions of fact cannot be adjudicated in a Writ Petition under Article 226 of the Constitution of India. The writ petition is accordingly dismissed, leaving it open to the petitioner to file a suit against the 2nd respondent, or anybody, who is said to have interfered with her rights. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J. Dt.02-11-2009. KO