THE HON'BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU and THE HON'BLE SHRI JUSTICE VILAS V. AFZULPURKAR Dated: 15-12-2010 WRIT APPEAL No. 1034 OF 2010 Between: Dost Mohammed Khan ... APPELLANT AND The State of Andhra Pradesh, rep., by its Collector, having his office at Nampally Station Road, Hyderabad and two others …RESPONDENTS THE HON'BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU and THE HON'BLE SHRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL No. 1034 OF 2010 JUDGMENT: (per the Hon’ble the Chief Justice Shri Nisar Ahmad Kakru) Proceedings initiated against one Md. Fyaaz stand clinched by an order of eviction under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 (for short ‘the Act’), which came to be questioned by medium of Writ Petition No. 29240 of 2010 not by Md. Fyaaz but by one Dost Mohammed Khan – appellant herein which is dismissed by learned writ Court vide order dated 24-11-2010, impugned herein on the ground that the appellant has a few orders to his credit which establish his possession over the land but contention does not call for any consideration, reason being that the petition is filed by him on the ground that the respondents intend to dispossess him, apparently writ petition emanates from a mere apprehension. More so, neither any notice nor any order of eviction is passed against him, therefore, very cause is premature. Apart from that if he is aggrieved of the order and it is sought to be executed against him he may approach the appellate forum prescribed under the Act but writ petition is not the appropriate remedy. While agreeing with the learned single Judge that dismissal of the writ petition was called for, we have our own reasons as indicated above to support that view. Dismissed. VILAS V. AFZULPURKAR, J NISAR AHMAD KAKRU, CJ 15-12-2010 K. Shyleshi