IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE ELIPE DHARMA RAO WRIT PETITION No. 14195 of 2005 Between: Smt. Mamidisetty Kanakamma W/o Late Venumadhav R/o H. No. 4-71, Survey No. 915, Gangadhara (Vilage & Mandal) Karimnagar District ..... PETITIONER AND 1 The Mandal Revenue Officer, Gangadhara, Karimnagar District 2 The Revenue Divisional Officer, Karimnagar 3 The Collector, Karimnagar District .....RESPONDENTS 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 in the nature of a Writ of Mandamus declaring the action of the first respondent in issuing No. 4-71 Survey No. 915, Gangadhara Vilalge and Mandal, Karimnagar District despite the order from this Hon'ble Court in WP NO. 2364 of 2005 as arbitrary, illegal and set a side the same and pass such other order or orders as this Hon'ble Court may deem fit and proper. Counsel for the Petitioner: MR.S.SATYAM REDDY Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE The Court at the stage of admission made the following: ORDER: Seeking a Writ of Mandamus, declaring the action of the 1st respondent in issuing the impugned order bearing No.B/367/2004, dated 27.07.2005 trying to evict the petitioner from the premises bearing No.4-71, Survey No.915, Gangadhara village and Mandal, Karimnagar District, despite the order from this Court in W.P.No.2364 of 2005, as illegal and arbitrary, the present writ petition is filed. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue. The learned Government Pleader for Revenue took an objection that as against the impugned order an appeal is provided to the 2nd respondent under the provisions of the Land Encroachment Act, 1905. Without availing the efficacious remedy of appeal to the 2nd respondent against the impugned order, the petitioner directly approached this court by filing this writ petition, which is not maintainable. Therefore, the Writ Petition is dismissed. It is needless to mention that the petitioner is at liberty to avail the remedy of appeal to the 2nd respondent against the impugned order, as provided under the provisions of the Land Encroachment Act, 1905. No order as to costs. _____________________ ELIPE DHARMA RAO,J Dated: 04.07.2005 Dsr ASSISTANT REGISTRAR To: 1. The Mandal Revenue Officer, Gangadhara, Karimnagar District 2. The Revenue Divisional Officer, Karimnagar 3. The Collector, Karimnagar District 4. Two CCs to the Government Pleader for Revenue, High Court Buildings, Hyderabad (OUT) 5. Two CD copies Form-NIC-OGS/WP{TRT}