Ch. Siva Ram Prasad, v. The State Of A.P.,

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE S.V. BHATT Writ Appeal No.92 of 2016 Date:11.2.2016 Between:

Ch. Siva Ram Prasad, Parchur Mandal, Prakasam District.

.....Appellant And State of Andhra Pradesh Represented by its Principal Secretary to Government, Revenue Department, Hyderabad and others.

... Respondents

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE S.V. BHATT Writ Appeal No.92 of 2016 PC:(Per Hon'ble Sri Justice S.V. Bhatt) The writ petitioner is the appellant and the appellant challenges the order impugned in the writ petition, which reads thus: "The petitioner and respondent No.5 are neighbours. The dispute pertains to an alleged lane, which, according to the petitioner, is a public lane, while the Secretary of respondent No.4 in his counter affidavit has taken a stand that though there is a lane in existence, the same is not entered in the Gram Panchayat record. The question whether the so called lane is a public lane or a private lane can be decided only by a Civil Court of competent jurisdiction. Therefore, the petitioner is relegated to the common law remedy of a civil suit."

Learned counsel for the appellant has drawn our attention to the photographs at page 17 filed along with the writ appeal. After seeing the photographs, we are prima facie satisfied that the view taken by the learned Single Judge is correct and the appellant has to move the competent Civil Court, if there exists a right in the path way or disputed

road.

The writ appeal is dismissed with the above observations. ____________________ DILIP B. BHOSALE, ACJ _________________ S.V. BHATT, J 11th February, 2016 Pnb