Gontina Ramanamma v. State Of Andhra Pradesh Rep. By Its Principal Secretary

THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 14882 OF 2015 O R D E R:

The petitioner claims that she was assigned Ac.2.61 cents of land in Survey No. 168 of Pydiwada Agraharam Village, Sabbavaram Mandal, Visakhapatnam District. Action was initiated by the Tahsildar alleging encroachment of the said land by the petitioner. Aggrieved by the same, Writ Petition No. 22171 of 2011 was filed by the petitioner before this Court. Vide order passed in W.P.M.P. No. 27028 of 2011 therein, this Court, while directing status quo to be maintained, gave liberty to the respondents for initiating appropriate proceedings for cancellation of the assignment for taking action to have the petitioner evicted in accordance with law.

Thereafter, the Tahsildar appears to have given a notice under Section 7 of the Andhra Pradesh Land Encroachment Act to the petitioner and since there was no proper reply thereto and since the land was classified as gayalu (government land), the order of eviction of the petitioner was passed on 05.05.2015 and the provisional order of assignment was cancelled. The present Writ Petition is filed against the said order. Obviously, the said order is appealable and bypassing the appellate remedy, this Writ Petition is filed.

Therefore, giving liberty to the petitioner to avail such an alternative remedy, as is available to her under law, this Writ Petition is disposed of. Status quo as of today shall be maintained for a period of one week from today, within which time the petitioner should take steps and secure an interim relief, as she deems appropriate. No costs.

Consequently, the miscellaneous applications, if any shall also stand disposed of. ----------------------------------------- VILAS V. AFZULPURKAR, J 28th May 2015 ksld