Extracted from the PDF above. The PDF is authoritative.
APHC010314942023
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] FRIDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 16210/2023 Between: Smt.V.Suseelamma, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. CHAKRADHARA RAJA Y Counsel for the Respondent(S):
1. RAMPRASAD NAIK BHUKYA
2. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following order:
Non-consideration of the application dated 01.06.2023 submitted on behalf of the petitioner is the grievance of the petitioner.
2. Heard Sri V.Sreemannarayana, learned counsel representing learned counsel for the petitioner and Smt Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj.
3. As could be culled out from the facts and circumstances of the case, there is a dispute between the petitioner and the unofficial respondents with regard outlet of water and the unofficial respondents are not allowing the petitioner to apply whitewash to the backside of her house and quarrelling with her. The said dispute between the petitioner and unofficial respondents is civil in nature and they have to approach the competent civil court for redressal of their grievance.
It has repeatedly been held by the Apex court and various High Courts that a regular suit is the appropriate remedy for settlement of disputes relating to property rights between private persons and that the remedy under Article 226 of the constitution shall not be available except where violation of some statutory duty on the part of a statutory authority is alleged. The jurisdiction is special and extra-ordinary and should not be exercised casually or lightly.
In view of the same, the writ petition is dismissed giving liberty to the petitioner to approach competent civil court in accordance with law. There shall be no order as to costs. Miscellaneous applications, pending if any, shall stand closed.
___________________________ JUSTICE RAVI CHEEMALAPATI
BRS