APHC010219822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 11799/2025 Between: 1. V RAMESH CHANDRA VARMA, AS ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, AS ...RESPONDENT 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.11799 OF 2025 ORDER: The present Writ Petition is filed seeking for a Writ of Mandamus declaring the action of the respondent No.2 in not paying the compensation for the poor and improper maintenance of Roads which led to the damage of the petitioner’s car bearing No.AP05CR1233 as illegal, arbitrary and violation of principles of natural justice. 2. Learned counsel for the petitioner submits that he is the owner of Chevrolet Sail Car bearing No.AP05CR1233 travelling from Visakhapatnam and Amalapuram. The torrential rains in 2024 in Amalapuram have severely damaged the roads and surrounding village roads creating numerous deep potholes of 20 cms to 30 cms depth and due to the poor road condition, the vehicle of the petitioner exhibited signs of wear and tear. It was also stated that the vehicles under carriage was weakened due to the poor roads and was susceptible to damage. 3. In view of discontinuation of the Chevrolet sales in India in 2017, the procurement of spare parts became a complicated procedure. It is in that context, the petitioner had filed the present writ petition seeking compensation of Rs.39 Lakhs. 3 4. Learned counsel for the petitioner relied upon the judgment of Vijayan Menon & Ors. vs. Bruhat Bangalore Mahanagara Palike (BBMP) 1 in support of his contention. 5. This Court is of the opinion that the issues raised by the petitioner are issues of fact which require a detailed enquiry. The conditions of roads, the proof of travel and the aspect of wear and tear and damage to the vehicle on account of roads need to be established by cogent evidence. In a writ petition, such aspects cannot be gone into. Even in the case law cited by the counsel for petitioner, no compensation was awarded and this Court in writ petition, cannot entertain such cases. 6. The Writ Petition is therefore dismissed leaving it open to the petitioner to pursue his claim in appropriate Court. There shall be no order as to costs. Consequently, miscellaneous applications, if any, pending shall stand closed. _____________________ NYAPATHY VIJAY, J Date: 06.05.2025. SCS 1 W.P.No.42927 of 2015 4 284 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 11799/2025 Date: 06.05.2025. SCS