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2026 Supreme(Online)(AP) 10603
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Sumathi Jagadam, J
Nambaru Srinivasarao S/o Tirupatayya – Appellant
Versus
THE STATE OF AP – Respondent
WRIT PETITION NO: 692/2019
For the Appellants/Petitioners: T V Sri Devi
For the Respondents: GP for Revenue (AP)
The High Court cannot adjudicate factual disputes regarding pathways in a writ petition, and the aggrieved party must approach the appropriate forum for resolution.
Headnote:The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to declare the action of the revenue authorities in interfering with a rastha/pathway across specific survey numbers in Mantripalem Village as illegal, arbitrary, and violative of Articles 14 and 21 of the Constitution of India. The court noted the dispute regarding the pathway and the interference by the 4th respondent. The primary issue is whether the High Court can adjudicate a factual dispute regarding a pathway in a writ petition. The court reasoned that since it cannot go into the dispute with regard to the pathway, the petitioner is at liberty to approach the appropriate forum. With these observations, the writ petition is disposed of.
| Table of Content |
|---|
| 1. filing of writ petition regarding pathway interference and procedural hearing. (Para 1 , 2 , 3) |
| 2. court's inability to resolve factual pathway disputes in writ jurisdiction. (Para 4) |
| 3. disposal of the writ petition with liberty to approach the appropriate forum. (Para 5) |
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ, order or direction more particularly in the nature of Mandamus declaring the action of the 4th respondent in interfering with rastha/ pathway from the lands in Sy.No. 131/1A, 1B and 1C to the lands in Sy.No. 130/2A, 2B and 2C and Sy.No. 128/1 to 9 of Mantripalem Village, Parwada Mandal, Visakhapatnam District as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India
IA NO: 1 OF 2019
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant interim orders restraining the 4th respondent, his staff/officials from interfering with rastha/ pathway from the lands in Sy.No. 131/1A, 1B and 1C to the lands in Sy.No. 130/2A, 2B and 2C and Sy.No. 128/1 to 9 of Mantripalem Village, Parwada Mandal, Visakhapatnam District pending disposal of the above writ petition
The Court made the following ORDER:
1. The writ petition is filed questioning the action of the respondents in interfering into the rastha/pathway in the lands in Sy.No.131/1A, 1B and 1C to the lands in Sy.No. 130/2A, 2B and 2C and Sy.No. 128/1 to 9 of Mantripalem Village, Parwada Mandal, Visakhapatnam District.
2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for the respondents.
3. Perused the record.
4. Since this Court cannot go into the dispute with regard to the pathway, it is open to the petitioner to approach appropriate forum.
5. With these observations, the writ petition is disposed of. No order as to costs.
As a sequel, miscellaneous applications pending, if any, shall stand closed.
