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High Court for State of TelanganaWP/10910/2017dismissed

Pattapu Lakshmi Kumar, v. The State Of Andhra Pradesh,

2017-04-03A.Rajasheker Reddy3 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.10910 OF 2017 ORDER:

This writ petition is directed against the order of the 5th respondent in B/W.274/1/Land/1, dated 24-09-2015, wherein one S.Prasanth and all persons who may be in occupation of the premises of any part of railway land thereof to vacate the said premises and they were declared as unauthorized occupants of the public premises. Earlier, when the petitioners filed W.P.No.29807 of 2015 against eviction from the subject lands, this Court disposed of the said writ petition by order dated 04-11-2015 directing the Estate Officer to consider the objections of the petitioners and pass orders. Learned counsel for the petitioners submits that orders are passed without considering the objections of the petitioners and though the order is filed along with writ petition, it is in respect of one of the persons who is not a party to the writ petition. But no specific orders are passed against the writ petitioners, though it is stated that orders are passed.

Learned Standing Counsel for the 5th respondent submits that the petitioners have alternate remedy of appeal under Section 9 of Public Premises (Eviction of unauthorized occupants) Act (for short "the Act").

Admittedly, the petitioners have alternate remedy of appeal against the impugned order under Section 9 of the

Act. In view of the same, I do not see any reason to entertain the writ petition and the same is liable to be dismissed. Accordingly, this writ petition is dismissed granting liberty to the petitioners to approach the appellate authority under Section 9 of the Act. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 03-04-2017 Nvl