IMPORTANT POINT
The court established that extraordinary jurisdiction is not a substitute for civil law remedies in property disputes, especially when public safety is at stake.

ORDER :

1. This writ petition is filed claiming the following relief:

“…To issue Writ of Mandamus declaring the action of the respondents more particularly 4th Respondent in not restoring free access way from National Highway-42 to Wakf/Dargah properties in Survey No.407/2 and 408 in Kutagulla, Kadiri Town, Satya Sai District without initiating land acquisition proceedings and consequently, blocking petitioners free passage from NH-42 despite submitting representation dated 18.07.2022 to Respondents Nos.2 to 4 submitted for restoring access way from National High Way No.42 in pursuant to the Survey conducted on 28.05.2022 by 3rd Respondent and 8th Respondent map dated 22.01.2022 pass such other order or orders as the Hon’ble Court may be deemed fit and proper in the circumstances of the case consequently, direct the Respondents to restore free passage from NH-42 to Wakf/Dargah properties in Survey No.407/2 and 408 in Kutagulla, Kadiri Town, Satya Sai District and pass such order or orders...”

2. It is the case of the petitioner that there lies a water tank namely Bandlapalli Cheruvu back side of the subject Waqf Property. The geographical location of Bandalapalli Cheruvu is adjacent to a hillock area. As such, in rainy season the water will flow from the hillock area to the water tank and later the discharge of overflow of water will pass through back side of subject waqf property since time immemorial. The waqf property being low laying area there is a natural water course which flow from bandlapalli cheruvu towards back side of Dargah and merges into canal/constructed culvert of National Highway No. 42 (NH-42). On 19.11.2021, the authorities of the Irrigation and Revenue Departments had dug the upper area and allowed the flow of water towards north to western side of adjacent property of the said Dargah.

3. It is further stated that no prior notice was issued before resorting to such drastic action, and because of Respondents high-handed action of diverting the stream water, the adjacent property of Dargha was inundated which badly damaged the Dargah. Further, the officials of Respondent No.4 high-handedly demolished part of the shop which is part of Dargah property and by which access to reach the said Dargha from NH-42 was cut off, which serves only passage to enter into the subject waqf properties.

4. Then, the petitioner filed W.P.No.39166 of 2013 seeking relief against the Wakf lands bearing Sy.Nos.407/2, 409,179 and 181 of Wakf properties situated in Kutagula Village, Kadiri Town, wherein this Court was pleased to dispose of the writ petition with a following direction:

"The Said Writ Petition No.39166 of 2013 is disposed of directing to consider the petitioner representation and cause survey and demarcation of the Dargah lands situated in the above-mentioned Survey Numbers, subject to the petitioner paying the fees with in a period of two months from the date of receipt of a copy of the order."

5. Thereafter, petitioner preferred W.P.No.18176 of 2014 seeking relief against the Municipality and Wakf Board for laying/carrying out fencing works of the lands/wakf property, wherein this Court was pleased to dispose of the writ petition with a following direction:

In view of that, the writ petition is disposed of permitting the petitioner to make an application to the 3rd Respondent seeking permission to fence the Wakf land at his cost and on receipt of such application, the 3rd respondent shall consider the same and pass appropriate orders, as already recorded above, within two weeks from the date of receipt of such application. No order as to costs.

6. Again the petitioner filed W.P.No.5834 of 2022 before this Court alleging that the Respondent No.4 therein digging the upper area of Bandlapalli Cheruvu and thereby diverting water course into the land in Sy.Nos.407/2 and 408 and its attached wakf/Dargah properties in Kutagulla, Kadiri Town, Anatapur District, wherein this Court was pleased to dispose the Writ Petition with a foll