IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 18209 of 2008 Between: 1 Penta. Gangu Bai, W/O.Late Pedda Ashalu, H.No.2-5-57. opp.Municipal Officer, Koratla proper and Mandal, Karimnagar District. 2 Penta. Kushalu S/O.Late. Pedda Ashalu, H.No.2-5-57. opp.Municipal Officer, Koratla proper and Mandal, Karimnagar District. 3 Penta. Ushalu S/O.Late. Pedda Ashalu, H.No.2-5-57. opp.Municipal Officer, Koratla proper and Mandal, Karimnagar District. 4 Penta. Sayebu, S/O.Late. Pedda Ashalu, H.No.2-5-57. opp.Municipal Officer, Koratla proper and Mandal, Karimnagar District. 5 Penta. Ashok, S/O.Late. Pedda Ashalu, H.No.2-5-57. opp.Municipal Officer, Koratla proper and Mandal, Karimnagar District. 6 Penta. Shekar, S/O.Late. Pedda Ashalu, H.No.2-5-57. opp.Municipal Officer, Koratla proper and Mandal, Karimnagar District. 7 Penta. Kishan, S/O.Late. Pedda Ashalu, H.No.2-5-57. opp.Municipal Officer, Koratla proper and Mandal, Karimnagar District. 8 Penta. Kishore, S/O.Late. Pedda Ashalu, H.No.2-5-57. opp.Municipal Officer, Koratla proper and Mandal, Karimnagar District. ..... PETITIONER(S) AND 1 The State of Andhra Pradesh represented by its principal Secretary to the Revenue Department, Secretariat Bulidings, Hyderabad. 2 The District Collector, Karimnagar District, Karimnagar, 3 The Revenue Divisional Officer, Jagtial Division, Jagtial, Karimnagar District. 4 The Tahsildar, Koratla Mandal, Koratla, Karimnagar 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 to issue an order or direction more particularly one in the nature of writ of mandamus or any other writ order or direction declaring the action of the respondents in threatening to disposses the petitioners from their land admeasuring 1 Acre 32 guntas in Sy.No.478 situated at Koratla Shivar without passing the orders upon representatioan submitted by the petitioners before the respondents No.2 and 3 dated 5-1-2008 and 7-1-2008 which was forwarded to the respondent no.4 and without passing any orders considering the explanation submitted by the petitioners dated 14-8-2008 is arbitary, illegal, null and violative of Articles 14, 19 and 21 of the Constitution of India and also violative of the Transfer Assigned Land (Prohibition) Act and also violative of the principles of the natural Justice. consequently direct the respondents not to dispossess the petitioners from their land admeasuring 1 Acre 32 guntas in Sy.No.478 situated at Koratla Shivar, Karimnagar District until appropriate orders passed considering the representation submitted by the petitiones before the respondents no.2 and 3 dated 5-1-2008 and 7-1-2008 which was forwarded to the respondent no.4 and without passing any orders considering the explanation submitted by the petitioners dated 14-8-2008 and to pass such other order or orders as this Hon'ble court may deem fit and proper in the interest of Justice. Counsel for the Petitioner:MR.K.VENUMADHAV Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No. 18209 of 2008 10-06-2009 Oral Order: The final order under Section 6 of the Land Encroachment Act, 1905 (for short ‘the Act’) is pleaded by the respondents to have been passed treating the petitioners as encroachers and directing their eviction, on 19-03-2008. The learned counsel for the petitioners’ contests the fact of the order having been communicated to the petitioners. The learned Government Pleader appearing for the respondents has produced the record which contains an endorsement to the effect that the order dated 19-03- 2008 has been affixed to the premises because the 1st petitioner had declined to receive the order. The learned Government Pleader for Revenue has also furnished a copy of the order to the learned counsel for the petitioners today. In the circumstances, as the petitioners have an effective alternative remedy of appeal to the Revenue Divisional Officer under Section 10 of the Act, the writ petition is dismissed with liberty to the petitioners to pursue the available alternative remedy. No costs. ____________________ GODA RAGHURAM, J Dated: 10-06-2009 Pvks