Narvaneni Murali v. The Collector And District Magistrate

HON'BLE THE CHIEF JUSTICE SRI THOTTATHIL B. RADHAKRISHNAN AND HON'BLE SRI JUSTICE S.V.BHATT WRIT APPEAL No.1347 OF 2018 JUDGMENT: (Per the Hon'ble the Chief Justice Sri Thottathil B. Radhakrishnan) We have heard the learned counsel for the appellant and the learned Government Pleader (Home) for respondents. 2.

This writ appeal is against the order of the learned Single Judge disposing of the writ petition filed challenging the order issued under the provisions of the Andhra Pradesh Prevention of Anti Social and Hazardous Activities Act, 1980 (for short 'the Act'). 3.

The learned Single Judge has taken a view that the said order made under Section 3 of that Act is amenable to a statutory appeal under Section 6 and, therefore, the said appellate provision is an adequate alternative remedy available to the writ petitioner, more particularly because no issue of lack of jurisdiction has been demonstrated to the satisfaction of the learned Single Judge. 4.

Having perused the provisions of the Act, in particular, the sweep of the appellate jurisdiction under Section 6, we do not think that there is any error of jurisdiction committed by the learned Single Judge or illegality in having relegated the petitioner to avail the statutory alternative remedy, which, on the facts and circumstances of the case, is efficacious.

5.

We decline the intra Court appellate jurisdiction as against the decision of the learned Single Judge. This writ appeal, therefore, fails.

6.

In the result, the writ appeal is dismissed. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, stand closed.

______________________________________ THOTTATHIL B. RADHAKRISHNAN, CJ _____________ S.V.BHATT, J 22nd October, 2018 Lrkm/Prv