Pallem Nagendra v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.8030 of 2018 ORDER:

Challenging the proceedings dated 15.09.2014 issued by the 2nd respondent-District Collector, Krishna, directing the 3rd respondentBomminampadu Grampanchayat, to dispossess the petitioner from the fish tanks of Saligunta Cheruvu in Sy.No.315 to an extent of Ac.1-77 cents and Mattianigunta Cheruvu in Sy.No.359 to an extent of Ac.2-41 cents situated at Patha Harijanawada, Bomminampadu village, the present Writ Petition is filed.

Heard the learned counsel for the petitioner and Sri Golla Seshadri, learned Standing Counsel for the Gram Panchayat. Learned counsel for the petitioner is fair enough in filing a copy of the plaint in O.S.No.80 of 2015, on the file of the learned District Judge, Krishna at Machilipatnam, whereunder the petitioner sought relief of permanent injunction restraining the District Panchayat Officer and the Gram Panchayat from ever interfering with his peaceful possession and enjoyment of the suit schedule property under the guise of the proceedings, dated 15.09.2014, issued by the District Collector, Krishna. In the present Writ Petition also, the challenge is to the same proceedings, issued by the 2nd respondent-District Collector. Inasmuch as the petitioner has already approached the Civil Court challenging the impugned proceedings, dated 15.09.2014, the present Writ Petition is not maintainable. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. Consequently, Miscellaneous Petitions pending, if any, in this Writ Petition, shall also stand dismissed.

_____________________________ CHALLA KODANDA RAM, J.

Date: 15.03.2018.

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