ORDER:

The Writ Petition is filed under Article 226 of Constitution of India for the following relief/reliefs:

….to issue a writ, order or a direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in proposed to construct a primary health center in R&B road margin of petitioners land in an extent of Ac.0.71 cents in R.S.No.90/1E, Ac.1.00 cents in R.S.No.90/1B, an extent of Ac.0.60 cents in R.S.No.90/1A of Thogammi Village of Kovvur Mandal, West Godavari District by encroaching part of their land as illegal, irregular, arbitrary, violative of settled principles of Law and also offends Articles 14, 21 and 300A of constitution of India and consequently direct the respondents to stop construction of any structures adjacent to petitioners lands on the road margin side of State High Way leading to vadapalli – Kovvur road in an extent of Ac.0.71 cents in R.S.No.90/1E, Ac.1.00 cents in R.S.No.90/1B, an extent of Ac.0.60 cents in R.S.No.90/1A of Thogammi Village of Kovvur Mandal, West Godavari District and pass such other order or orders…

2. The present writ petition is filed aggrieved by the action of the respondents in constructing the Primary Health Centre in petitioners’ land in an extent Ac.0.71 cents in R.S.No.90/1E, Ac.1.00 cents in R.S.No.90/1B, and Ac.0.60 cents in R.S.No.90/1A of Thogammi Village of Kovvur Mandal, West Godavari District, by encroaching part of the land of the petitioner, which is adjacent to Road margin of Roads &

Buildings Department.

3. Learned counsel for the respondents filed counter and would contend that the petitioners’ land is situated along the site of Roads & Buildings department and the petitioners are trying to encroach the road margin. Further contended that the petitioners approached this Court with false and baseless allegations that the respondents are going to obstruct the petitioners for ingress and egress to their land from the road by constructing the proposed Village Health Center building. That the petitioners’ land is situated along the site of the R & B road and the petitioners tried to encroach the road margin. The respondents proposed to construct the building only on the Northwest corner of the petitioners’ site, thereby there is no obstruction of the way to their land. Only with a malafied intention the petitioners approached this Hon’ble Court with false and baseless allegations. Due to pendency of the interim order passed by this Hon’ble Court, the respondents are unable to construct the proposed building. In these circumstances if this Hon’ble Court is not vacated the interim order the respondents will be put to irreparable loss and great hardships. 4. The oral contention of the petitioners is that without conducting an enquiry they cannot orally say that the petitioners are encroaching the land of the respondents and also learned counsel for the petitioners stated that the petitioners have filed a civil suit for seeking permanent injunction before the Court of jurisdiction of Kovvuru and the same is pending.

5. But, the High Court cannot be asked to ascertain disputed facts bearing upon the issues related to the suit, because that is vested with Civil Court. A writ can be issued only in case of grave miscarriage of justice or where there has been flagrant violation of law.

6. In view of the above, the petitioners are directed to work out their remedies before the Civil Court. As, the prayer in the Writ Petition and in the Civil Court is one and the same, the Writ Petition is closed directing the petitioners herein to work out their remedies before the Civil Court, where the suit is pending.

7. With the above said direction, the writ petition is closed.

8. Interim order dated 28.10.2020 passed by this court is continued for a period of three months. Meanwhile the petitioners are directed to file an application before the court below seeking for relief of injunction or for any other reliefs.

As a sequel, connected miscellaneous petition