IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.27218 of 2008 Between: Smt. P. Subhadra W/o. P. Subba Rao R/o. Qr. No. 310 (Old No. 384) Suraram Village, Quthbullapur, Quthbullapur Mandal, Ranga Reddy District. ..... PETITIONER AND The Estate Officer, Deputy Collector and Tahsildar Quthbullapur Mandal, Ranga Reddy District. .....RESPONDENT 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 to issue a writ ordered or direction preferably one in the nature of writ or Mandamus declaring the impugnd order dt. 15-11- 2008 in Rc No. A/02/2007 by the Respondent for eviction from the house, an extent of 60 sq. yards House No. 310 (Old 384) in Sy.No. 107 situated at Suraram Village, Quthbullapur Mandal, Ranga Reddy District as illegal, arbitrary and violative of principles of natural justice and Article 21 of the Constitution of India and consequently direct the respondent to allow the petitioner to pay the market rate of the said land and pass Counsel for the Petitioner:MR.G.ALLABAKASH Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.27218 of 2008 ORDER: Petitioner filed the instant writ petition assailing the order dated 15.11.2008 passed by the respondent herein under Section 5(1) of the Andhra Pradesh Public Premises (Eviction of Unauthorized Occupants) Act, 1968 (the Act, for brevity). Before filing the present writ petition, she filed an appeal under Section 9 of the Act before the Court of the District Judge, Ranga Reddy District, on 11.12.2008, with an application to condone the delay and also with an application for interim stay. As the same was not taken up immediately, the present writ petition is filed. It is well settled that when the statute provides for alternative remedy of appeal and a person who avails such remedy again cannot seek a writ of mandamus in this Court. In view of this, learned Counsel for the petitioner seeks permission of this Court to withdraw the writ petition with liberty to move the learned District Judge, Ranga Reddy District, for appropriate orders. Permitting to do so, the writ petition is dismissed as withdrawn. No costs. _____________ (V.V.S.RAO, J) 15.12.2008 vs To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI}