Sura Srinivasulu Reddy v. State Of Andhra Pradesh

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.43671 of 2018 ORDER:

This Writ Petition is filed seeking writ of mandamus declaring the action of the 4th respondent in passing orders in RCB.654/2017, dated 12.10.2018 under Section 6 of the Land Encroachment Act, 1905, as illegal and arbitrary. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for respondents.

Learned Assistant Government Pleader for Revenue appearing for respondents submits that petitioner has alternate remedy of appeal against impugned order dated 12.10.2018. Learned counsel for the petitioner submits that the impugned order is communicated on 26.11.2018 and that the respondents are trying to evict the petitioner even before the appeal time is over and also that the respondents have already erected board.

In view of the fact that the petitioner has alternate remedy of appeal against impugned order dated 12.10.2018 of the 4th respondent, this Court is not inclined to entertain the Writ Petition. However, this Writ Petition is disposed of granting liberty to the petitioner to avail alternate remedy of appeal against impugned order, within a period of four weeks from the date of receipt of a copy of this order, if he is so advised. Till then, the

respondents shall not dispossess the petitioner from the subject land.

Miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.

___________________________ A.RAJASHEKER REDDY,J 30-11-2018 kvs

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.43671 of 2018 Date: 30.11.2018 kvs