Gavireddy Raja Babu v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 30558 of 2018 ORDER:

Heard learned counsel for the petitioners and learned Government Pleader for Revenue (Andhra Pradesh). 2.

With the consent of both the parties, the Writ Petition is disposed of at the admission stage.

3.

The present Writ Petition came to be filed seeking issuance of Writ of Mandamus declaring the action of the respondents in evicting the petitioners from their land admeasuring Ac.0.30 cents each out of Acs.4.50 cents in Survey No.181, Balighattam Village, Narsipatnam Mandal, Visakhapatnam District, A.P. as illegal and arbitrary.

4.

Learned Government Pleader would submit that appropriate remedy for the petitioners would be to work out their remedies by filing an appeal under the Land Encroachment Act, 1905. 5.

A perusal of the record shows that pursuant to the orders passed by the primary authority, an appeal came to be filed before the District Collector, Visakhapatnam and the same is pending consideration. In similar circumstances, this Hon'ble Court in W.P.No.19950 of 2018, while directing the authorities to dispose of the appeal, ordered status-quo to be maintained.

6.

Having regard to the above, the Writ Petition is disposed of directing the respondent-authorities to dispose of the appeal, as expeditiously as possible, preferably within a period of three (03) months from the date of receipt of a copy of the order, in accordance with law. Till then, Status-quo as regards possession and enjoyment is directed to be maintained.

7.

Miscellaneous petitions, pending if any, shall stand closed in the light of this final order. No order as to costs. _______________________ JUSTICE C. PRAVEEN KUMAR 29.08.2018 vhb