The High Court dismissed a writ appeal challenging the refusal to issue directions regarding protection of alleged private property and maintenance of a public drinking water well. The Court held the lower judge was justified as civil remedies were the appropriate forum.
None granted; writ appeal dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON’BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
&
HON’BLE MR. JUSTICE D.V.S.S. SOMAYAJULU
WRIT APPEAL No.575 of 2022
(Through physical mode)
Pamu Prabhakar Rao S/o. Late Pamu Chandrayya, Aged 55 years, Hindu, Male, Cultivation, Resident of Door No.4-200, Mutharasi vari Street, Mogaltur, Mogaltur Mandal, New Bhimvaram District.
.. Appellant
Versus
The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj Department, Secretariat Buildings, Velagapudi, and others.
.. Respondents
Counsel for the appellant : Mr. P. Ranga Rao
Counsel for respondents 1,3,5&6 : GP for Panchayat Raj & Rural Dev. Counsel for respondent No.2 : GP for Land Administration Counsel for respondent Nos.4&7 : GP for Home Counsel for respondents 8 & 9 : Mr. I. Koti Reddy
ORAL JUDGMENT
Dt: 07.07.2022
(per Prashant Kumar Mishra, CJ)
This writ appeal is directed against the order dated 07.03.2022 passed by a learned single Judge of this Court dismissing W.P.No.4742 of 2022, which was filed by the appellant herein seeking a writ of Mandamus declaring the action of respondent Nos.6 to 8 in not protecting the Panchayat property from the hands of respondent No.10 as illegal and arbitrary and to consequently direct the respondent authorities to keep the drinking water well situated in R.S.No.722/1 of Mutha Rasi Vari Veedhi, Mogaltur Village and Mandal, West Godavari District, in a good condition for consumption of water by cattle and public, including the appellant/writ petitioner’s family.
2
PRASHANT KUMAR MISHRA, CJ
D.V.S.S. SOMAYAJULU, J
IBL
2 issues framed by the court
Whether the learned single Judge was justified in dismissing the writ petition as the dispute concerns private property and requires a civil forum.
Whether the High Court is warranted to interfere with the orders passed in previous writ petitions regarding the same subject matter.
Pamu Prabhakar Rao
State of Andhra Pradesh
Prashant Kumar Mishra
D.V.S.S. Somayajulu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
