IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 5079 of 2008 Between: Sola Samrajyam W/o Venkateshwara Rao R/o Seetharampuram, Hamlet of Edara, Agiripally mandal, Krishna District. ..... PETITIONER AND 1 Gram Panchayat, Seethampuram,rep by its Sarpanch, Agiripally Mandal Krishna District. 2 Mandal Revenue Officer, Agiripally, Krishna District, .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, order or direction, more particularly one inthe nature of Writ of mandamus declaring the action of the Respondents in taking steps to demolish the petitioners house bearing 157 of Seetharamapuram Hamlet of Edara, AGripally Mandal, Krishna District as illegal, contrary to law and without jurisdiction and also violative of Principles of natural justice and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.M.R.K.CHAKRAVARTHY Counsel for the Respondent No.: MR.M.PRABHAKAR RAO The Court made the following : ORDER: The petitioner claiming to be owner to an extent of land admeasuring 127 sq.yards in R.S.No.383/18 of Seetharamapuram Village, Agiripally Mandal, Krishna District. As she purchased the same vide registered sale deed dated 30.6.2003, after obtaining required permission she built a house and obtained service connection No.000111 and she has been paying property tax to the Gram Panchayat. When there was a threat of demolition of the house, in question, the petitioner approached this Court and filed the present writ petition. This Court while ordering notice before admission granted interim stay of demolition. The Government as well as the Gram Panchayat filed their counters wherein it is stated that the land in question belongs to the Government land and as the petitioner has encroached the said land, the Tahsildar issued a notice under the provisions of the A.P.Land Encroachment Act, 1905 (for short ‘the Act’) and thereafter, an order of eviction under Section 6 of the Act has also been passed. Heard the learned counsel for the petitioner as well as the learned Government Pleader and Sri M.Prabhakara Rao, learned counsel for the first respondent Gram Panchayat. The Government has come forward stating that the said land belongs to the Government and the petitioner has encroached the land. Of course, it is the contention of the learned counsel for the petitioner that the petitioner is the absolute owner of the said land. However, the same aspect cannot be decided by this Court under Article 226 of the Constitution. Against the order passed under Section 6 of the Act, an appeal is provided under Section 10 of the Act. Hence, the petitioner is hereby directed to approach the appellate authority and file an appeal with a petition seeking interim stay of the said order within a period of four weeks from the date of receipt a copy of this order. Till the appeal is preferred within the time specified above, the respondents shall not interfere with the possession of the petitioners. Accordingly, the writ petition is disposed of. It is stated by the learned counsel for the petitioner that the order passed under Section 6 of the Act was not served on the petitioner. But, however, the leaned Government Pleader undertakes to serve a copy on the counsel for the petitioner. _____________________ GOPALA KRISHNA TAMADA, J. 1.5.2008 kpr