Smt. K.Jaya Lakshmi v. The State Of Andhra Pradesh
THE HON'BLE SRI JUSTICE S.V.BHATT W.P. No.28273 of 2018 ORDER:
The petitioner challenges the order of Joint Collector/4th respondent in D.Dis.No.(E4) RevESECOLEA/41/2018, dated 02.07.2018, as illegal and arbitrary.
The Assistant Government Pleader objects to maintainability of writ petition in view of the effective alternative remedy before the 2nd respondent. Mr.Tata Singaiah Goud by referring to alleged patent illegality namely that Joint Collector/4th respondent presumed that in implementation of a welfare programme subject agricultural land was granted, therefore, the extraordinary jurisdiction of this Court is invoked. I have perused the record and also noted the limited submissions made by the learned counsel appearing for the parties.
The objection raised by the Assistant Government Pleader is that the remedy of appeal in the fact situation is effective and is tenable. Hence, the writ petition is disposed of by this order:
(a) The petitioner is given liberty to file appeal by enclosing a copy of this order within four
(04) week from today.
(b) The impugned order dated 02.07.2018 is suspended for a period of eight (08) weeks and liberty is given to petitioner to objection further interlocutory orders as are deemed fit from 2nd respondent in the appeal filed, as directed above. No order as to costs.
Miscellaneous petitions, if any, pending, shall stand closed.
________________ S. V. BHATT, J Date: 10.08.2018 dv