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. 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 following direction: "Having Considered the submissions made by the learned counsel for the parties and having gone through the written instructions of the 3rd respondent, this Court is of the view that the Writ Petition can be disposed of with a direction to 3rd Respondent to conduct survey and earmark the natural course of the stream as well as the property of the 5th respondent in accordance with law, upon the application and fee to be paid by the petitioner or by the 5th respondent. It is needless to say that the authorities concerned shall issue notices to the parties interested in the course of survey and the proposed survey should be conducted within a period of two months, and to furnish a copy of the report to the petitioner as well as to the 5th respondent." 7. Pursuant to the orders of this Court as extracted above, the petitioner herein got constructed the subject compound wall in and around the Dargah and also got constructed shops in between the road margin attaching to the compound wall of the Dargah. 8. It is further stated that pursuant to the orders of this Court dated 16.03.2022 passed in W.P.No.5834 of 2022, Respondent Nos.3 and 4 conducted Survey and demarcated the Dargah and natural stream of the Bandlapalli cheruvu vide Survey report dated 28.05.2022. 9. It is further stated that the survey and demarcation of the subject property, Respondent No.4 without issuing any notice caused demolition of the compound wall as well as shops and laid a temporary stream by digging lands on northern and western side of the Dargah which is contrary to the flow of natural stream since time immemorial from North East to South West i.e. back side of the Dargah. Challenging the said illegal action of Respondent Nos.3 and 4, causing damage to the sanctum of the Dargah and also keeping the Dargah ideal without there being any ingress and egress from the NH-42, the petitioner sought to allow/to have an access towards Western side from NH-42 which is in existence since decades. 10. Learned counsel for the petitioner submits that the Respondent No.3 committed illegal activities by entertaining the encroachers upon the natural stream which is in existence to address the overflow of the water from Bandlapalli Cheruvu to flow from North Eastern side of Dargah to South Eastern back side of the Dargah and merge with the culvert of the National Highway. But contrary to the existence of natural stream, the Respondent Nos.3 and 4 diverted the same by demolishing compound wall as well as other shops which were situated in North and west side of the Dargah and got merged with the culvert of the National Highway through North-western side of the Dargah, which is contrary to the plan approved by Respondent No.8/the Director of Town & Country Planning (DTCP). 11. 11. Learned counsel for the petitioner further submits that Respondent Nos.3 and 4 fixed wrong boundaries and mentioned false water flow of natural stream, in order to protect the encroachers of South East direction and abused the entire process of survey & demarcation. He further submits that the flow of surplus water through existing natural stream is continuous since time immemorial from North East to South East till 2021, since the bunds of the natural stream South East of the Dargah was entered by the illegal occupants and to safeguard the said encroaches at the behest of local leaders and local representatives, that the Respondent Nos.3 and 4 erroneously and high handedly diverted the natural stream from South East side of the Dargah to North West side of the Dargah by which the petitioner was deprived of ingress and egress from NH-42. As such, the action of the Respondent Nos.3 and 4 is illegal and arbitrary and the petitioner is entitled to have an access from NH-42 on Western side of the Dargah. 12. Learned Government Pleader for Irrigation and Command Area Development filed counter affidavit on behalf of Respondent No.4 wherein it is stated that the petitioner Dargah authorities had closed the original surplus stream flowing from Bandlapalli Cheruvu of Kutagulla and using the same as access way to the Dargah. The original stream (used as access way to Dargah) was restored with a view to safely and speedy drain out the flood water received due to heavy rains on 18.11.2021 to avoid the danger of breaching of bund and threat of life of residents of Ravoof colony due to heavy inundation. As there was no arrangement was made for access to Dargah properties across the stream and as such, restoring or providing the access way to the same does not arise. 13. It is further stated that the geographical location of Bandlapalli 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 to discharge of overflow of water will pass through the surplus natural weir/stream which was illegally closed by the Dargah Management. As admitted the Dargah is a low lying area, there is a natural water course which flow from Bandlapalli Cheruvu towards back side of Dargah and merges into drainage canal at culvert of NH-42. As admitted the Dargah is a low lying area, there is a natural water course which flow from Bandlapalli Cheruvu towards back side of Dargah and merges into drainage canal at culvert of NH-42. On 19.11.2021, authorities of the Irrigation Department had dug the upper area and allowed the flow of water as an interim measure. It is not the property of the Dargah and as such, no prior notice was issued while restoring of the surplus weir, since it is an emergency situation. 14. Learned Government Pleader for Revenue also filed a memo as well as proceedings dated 05.03.2022 and village field map in respect of Sy.Nos.407-2 and 408 attached Wakf/Dargah properties in Kotagulla Village wherein it is stated that there is a tank by name Bandlapalli Cheruvu existing in Sy.No.477 of Kutagulla village and it is situated towards North-Eastern portion of the Dargah and its allied properties situated in Sy.No.407-2 to an extent of 130.24 acres and in Sy.No.408 to an extent of 3.79 acres of Kutagulla Village. As per Revenue Records, the Surplus Water through the weir of the Bandiapalli Tank has to flow through Sy.No.412 to an extent of 0.59 cents which is classified as Hill Stream Poramboke and therefrom the water course has to flow through the Sy.No.407-2 and 408 of Dargah properties. There is specific marked flow is existing in the Village plan of Kutagulla Village. The Surplus water flow starting from Sy.Nos.477 and passes through Sy.Nos.412, 407-2 and 408 and crossing NH-42 Road and upto Maddileru river situated towards western side of the N.H.Road as well as Dargah, which is also admitted by the writ petitioner in his affidavit vide para 3. That the Sy.No.407-2 which is classified as Inam Dry and stands in the name of Manager, for the time being the southern side of Dargah situated is Sy.No.408, which is a residential Colony by name Comrade Rawoof Colony with a well-maintained Arch is also existing. The Writ petitioner is well aware of these facts and original flow of the streams and water courses and not to notice of this Court in detail in the writ petition. 15. The Writ petitioner is well aware of these facts and original flow of the streams and water courses and not to notice of this Court in detail in the writ petition. 15. It is further stated that the Writ petitioner without Information and without approval by Municipal, Irrigation or Revenue authorities approval constructed a compound wall to the Dargah situated in Sy.No.408 to an extent of 3.79 cents and also erected temporary commercial shops nearby N.H-42 and closed the natural flow of Vanka coming from Bandlapalli Cheruvu situated towards northern side of the Dargah. Due to heavy rains received on 19.11.2021 and also due to floods, the Bandlapalli Cheruvu was received heavy surplus water at a stretch in a night and the surplus water has taken diversion into Ravoof Colony as the actual normal stream flow is obstructed along the stream due to construction of compound wall and shopping structures by the writ petitioner. As there was threat to the lives of residential Ravoof Colony and there was threat to damage to the Bund of Bandlapalli Tank, the Irrigation authorities excavated the original flow stream vanka situated towards to the northern and western sides of the Dargah situated in Sy.No.408 to allow the surplus flow through the stream and some portion of surplus weir of the Bund was also temporarily removed to avoid the overtopping of the bund and to avoid the inundation of Ravoof Colony. It is an admitted fact of the writ petitioner that the compound wall of the Dargah was collapsed due to flow of heavy flood obstruction due construction of the compound wall and the shopping structures by the writ petitioner. There was no other way except to excavate the original plan marked stream and to restore the original flow of the surplus water from Bandlapalli Tank keeping, in view of the life threats of Ravoof Colony. The same fact can be considered from the letter addressed to the Tahsildar, Kadiri by the Deputy Executive Engineer, I.B.Sub-Division, Kadirl vide Letter No.41/M, dated 24.11.2021. 16. It is further stated that the writ petitioner avaricious decision in construction of shopping structures on the original stream of vanka adjacent to N.H-42 and compound wall without any valid approvals from any authorities, he himself committed gross Irregularities in this aspect. 16. It is further stated that the writ petitioner avaricious decision in construction of shopping structures on the original stream of vanka adjacent to N.H-42 and compound wall without any valid approvals from any authorities, he himself committed gross Irregularities in this aspect. With an apprehension of his gross Irregularities to cover up them preferred this writ petition, he suppressed all the real facts on ground. As per the ratio of the Honourable Supreme Court, the Respondents acted to safeguarded water courses and its allied sources. The writ petition is filed with a malafide intention and suppressed all the facts on ground which deserves no consideration. 17. Sri Mohammed Gayasuddin, learned Standing Counsel for Respondent No.5 filed a counter affidavit on behalf of Respondent No.5/the A.P.State Waqf Board, wherein it is stated that if the writ petitioner applies for construction of a culvert at his own costs for access over the surplus stream without obstruction to the flow of stream, then the same may be considered if it is feasible. The stand taken by the respondents is inconsistent. The property owner should have an easementary right to have an access to the road from his property which cannot be curtailed at all. 18. It is further stated that as per the Respondent No.4 counter affidavit, the Dargah is in a low-lying area and the water course which flows towards back side of Dargah, it merges into drainage canal at culvert of NH-42. It is admitted fact that on 19.11.2021, the irrigation authorities had dug the upper area and allowed the flow of water but the said area is not the property of the Dargah. No details are produced to show that in which part of the Survey number it was dug for free flow of water. The facts stated in the counter affidavit are contradictory to counter filed by Respondent No.4 in W.P.No.5834 of 2022. 19. It is further stated that the writ petitioner categorically mentioned that at the instance of the local MLA, one Mr.Triapalu made an attempt to dig at the Waqf land which resulted in over flow of canal. The writ petitioner categorically submitted that he submitted representations dated 08.02.2021, 01.03.2021 and 30.03.2021 to the Respondent No.3 and the same news was also published in the local paper. The writ petitioner categorically submitted that he submitted representations dated 08.02.2021, 01.03.2021 and 30.03.2021 to the Respondent No.3 and the same news was also published in the local paper. The letter dated 24.11.2021 sent by Deputy Executive Engineer to Tahsildar, Kadiri is referred to above in which the Deputy Executive Engineer categorically admitted that due to heavy rain on 19.01.2021, the surplus water had taken diversion into Ravoof Colony as actual stream of flowing near the Dargah along with NH-42 is caused by encroachers occupying land along the stream. So, the surplus stream was temporarily excavated to allow the surplus flow through it and some portion of surplus weirs was temporarily removed to avoid the overtopping of the bund so as to avoid the inundation of Ravoof Colony. 20. Learned Government Pleader for Revenue as well as learned Government Pleader for Irrigation and Command Area Development submits that as per the village field map and RSR, the subject Bandlapalli Cheruvu is existing in Sy.No.477 of Kutagulla Village besides hilllock area and receiving rain water from the hilllock area and also situated towards North Eastern portion of the Dargah and other property situated in Sy.N0.407/2 to an extent of 130.24 Acres and in Sy.No.408 to an extent of 3.79 Acres. Due to the heavy rains, the said tank may receive surplus water and the said surplus water through the natural weir/stream flowing through Sy.No.412 and further flow through Sy.Nos.407/2 and 408 of Dargah properties and crossing NH-42 Road upto Maddileru river situated at western side of the National highway of the Dargah. He further submits that the petitioner herein illegally without there being any approvals, on the guise of protection of wakf property invited orders of this Court as mentioned above and got constructed compound wall as well as commercial shops towards north and western side of the Dargah facing NH-42 by closing and occupying entire natural stream passes to Survey Nos.412 and 407/2 and 408. 21. Learned Government Pleader for the Respondents further submits that due to heavy rains happened on 19.11.2021 the subject Bandlapalli tank received floods and outflow towards north-west and caused inundation to the Ravoof Colony which is north eastern side of the Dargah. The said arrest to be caused due to heavy flood to the residents and their properties. 21. Learned Government Pleader for the Respondents further submits that due to heavy rains happened on 19.11.2021 the subject Bandlapalli tank received floods and outflow towards north-west and caused inundation to the Ravoof Colony which is north eastern side of the Dargah. The said arrest to be caused due to heavy flood to the residents and their properties. Having no other option, Respondent Nos.3 and 4 on emergency basis digged and revived the existing natural stream through Survey Nos.412, 407-2 and 408 towards North and western side of the Dargah till it reaches to culvert of the NH-42. He further submits that the said action is warranted on the basis of emergency to save the heavy loss or damage to be caused to the properties and residents of Ravoof Colony. As such, the allegation of petitioner that the respondents not followed the principles of natural justice while laying subject stream is true but it is under the facts and circumstances as stated above and also to meet emergency situation. 22. Learned Government Pleader for the Respondents further submits that the petitioner herein again submitting ‘n’ number of complaints, representations and writ petitions one after another to safeguard his illegal constructions of compound wall as well as commercial shops by closing natural stream flowing through Sy.Nos.407/2 and 408 of Kotagallu village. He further submits that the petitioner approached this Court time and again through number of writ petitions as mentioned above by suppressing the material facts regarding illegal construction and illegal occupation of land of natural stream to safeguard the said illegal construction. Therefore the present writ petition is liable to be dismissed on the ground of that the petitioner approached this Court with unclean hands. 23. Learned Government Pleader for the Respondents further submits that the petitioner neither filed any material regarding the ownership and its extent of property nor filed any proceedings/approvals for subject constructions. In the absence of the same, the petitioner cannot be allowed to plead that the subject natural stream is in existence towards south east/back side of the Dargah and it has access towards western side of the Dargah. Therefore, the petitioner is not entitled for any relief. 24. In the absence of the same, the petitioner cannot be allowed to plead that the subject natural stream is in existence towards south east/back side of the Dargah and it has access towards western side of the Dargah. Therefore, the petitioner is not entitled for any relief. 24. Heard Sri V.N.V. Surya Dattu, learned counsel for the petitioner, learned Government Pleader for Irrigation and Command Area Development, learned Government Pleader for Revenue and Sri Mohammed Gayasuddin, learned Standing Counsel for A.P. State Waqf Board and also perused the material placed on record. 25. The fact remains that the petitioner herein submitting ‘n’ number of complaints as well as representation and also filing writ petitions one after another to safeguard and to protect the property of the Dargah and invited the orders of this court as mentioned above. 26. On perusal of the complaints/representations/orders of this Court as mentioned above the writ petitioner herein invoking extraordinary jurisdiction of this Court one way and on the other way is to safeguard its property from illegal constructions and also for easementary rights restraining the Respondents from interference with any legal action against the petitioner. 27. In fact remains even after invocation of extraordinary jurisdiction of this Court, the petitioner neither settle his claims/reliefs nor restrain the Respondents from interference as claimed in subject writ petition. Therefore, to settle its property disputes/easementary disputes the petitioner shall invoke jurisdiction under Civil law remedies to settle its claims case/disputes permanency in nature. 28. It appears that, fact remains that the petitioner did not obtain any approvals as required under the law either for construction of compound wall or for construction of subject commercial shops situated north and western side of the Dargah. 29. It is further observed that the petitioner neither choose to file any material/title deeds of the Dargah/Wakf property to show its boundaries nor filed any proceedings of approvals for construction of either Dargah or subsequent illegal constructions from any authority concerned as required under law and even from the Respondent No.5. 30. 29. It is further observed that the petitioner neither choose to file any material/title deeds of the Dargah/Wakf property to show its boundaries nor filed any proceedings of approvals for construction of either Dargah or subsequent illegal constructions from any authority concerned as required under law and even from the Respondent No.5. 30. On the other hand, the Respondent Nos.3 and 4 filed numerous documents, field measurement sketch plan in respect of Survey No.408 and entire Revenue Village of Kutagulla and Survey No.412 and an award passed in acquisition of lands dated 09.01.1996 in respect of various survey numbers of Kutagulla village and also RSR regarding hill lock stream which reveals that the subject natural stream was passing northern and western side of the Dargah through Sy.No.412, 407/2, 408 and also 401-A of Kutagulla Revenue Village. 31. Therefore, the claim/allegation of the petitioner that the subject natural stream is passing from North East to South East/back side of the Dargah is not substantiated by any material of the petitioner. But except relying upon a plan of Respondent No.8 which was prepared on 22.01.2022. In fact, the subject DTCP final draft plan dated 22.01.2022 might have been approved for the purpose of classification of land use for proposed developments in Kadiri Municipality. More so, the physical features of the structures/lands and streams might have been shown as is where is basis only. 32. Therefore, the contention of the learned counsel for the petitioner that the Respondent Nos.3 and 4 acted contrary to final draft plan of the DTCP and proceeded to safeguard the interest of the encroachers and caused damage/loss to the Dargah by demolition of compound wall as well as shops and also take away the easementary right of the petitioner for ingress and egress towards western side to approach to NH 42 is liable to be rejected due to the facts and material as substantiated by the Respondents. 33. The other contention of the learned counsel for the petitioner that the Respondents proceeded with illegal laying/digging of canal vanka/stream of northern and western side of the Dargah is contrary to the record and without observing principles of natural justice is also liable to be negatived, in view of the emergency and to safeguard the lives as well as properties of Residents of Ravoof colony as required under Article 21 of Constitution of India. The said action was carried out by the Respondents and in such circumstances of emergency in the process of protection of rights under Article 21 in favour of residents of Ravoof Colony, the observation of principles of natural justice does not arise, in view of the reasons stated above and due to disputes as well as claim of the petitioner. 34. On perused of the facts and material as discussed above, the petitioner is neither able to settle his claim/relief even after invocation of extraordinary jurisdiction of this Court in ‘n’ number of times nor settled his grievances put forth by way of complaints/representations to various authorities which are annexed with the writ petition. For the reasons, the petitioner invoking extraordinary jurisdiction without initiating civil law remedies for declaration of its civil rights as well as title and to fix boundaries in respect of subject wakf property. Therefore, invocation of present writ petition under extraordinary jurisdiction is not maintainable and devoid of merits. 35. In view of the foregoing discussion as mentioned above, the present writ petition is disposed of directing the petitioner to invoke the Civil law remedies before appropriate forum to settle its Civil disputes/easementary rights with the Respondents. 36. Further, the Respondents are directed to permit the petitioner to make a suitable construction of a cross over bridge over and above the natural stream without obstructing the free flow of water through natural stream towards northern and western side of the Dargah and to have an access to the Dargah for its ingress and egress of devotees, subject to approval plan. 37. Further, the petitioner is directed to submit a plan duly prepared by the licensed architect of Municipality without causing obstruction to the free flow of water through natural stream flowing from subject Bandlapalli Cheruvu. Upon receipt of such plan and required documents, the Respondent Nos.6, 7 and 8 shall consider and pass appropriate orders within a period of four weeks thereafter. 38. With the above said direction, the writ petition is disposed of. There shall be no order as to costs. 39. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall also stand closed.