THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No.2894 of 2008 ORDER: This writ petition is filed aggrieved by the notice dated 08-10-2007 passed by the second respondent-Tahasildar, Bayyaram mandal, Khammam district, wherein it is stated that the petitioner has occupied Government land in Sy.No.1127 admeasuring Ac.5-00 gts., situated in Venkatrampuram village, H/o.Bayyaram village and mandal, Khammam district, without any permission under Section 3 of the A.P. Land Encroachment Act, 1905 and hence, he should vacate the land. The brief facts of the case are: The Mandal Revenue Officer, Bayyaram has issued notice dated 22-07-2006 under Section 7 of the A.P. Land Encroachment Act, 1905 to the petitioner asking him to show cause within a period of seven days as to why petitioner shall not be evicted from the land in question as the same belongs to the Government. In pursuance to the said notice, the petitioner has furnished his explanation within the stipulated period. However, the second respondent-Tahasildar, Boyyaram mandal, Khammam district vide impugned notice dated 08-10-2007 stated that the petitioner has encroached upon the Government land which is recorded as ‘Gairan’ and directed the petitioner to vacate the Government land. The petitioner has impugned the said notice passed by the second respondent in the present writ petition and orders of status quo were granted by this Court on 14-02-2008. Learned counsel appearing for the petitioner submits that the petitioner is in possession of the said land since 1945 and therefore, he cannot be evicted under the A.P. Land Encroachment Act, 1905. Learned counsel further submits that the second respondent without considering the explanation furnished by the petitioner passed the impugned orders. Learned counsel appearing for the respondent however submits that the orders passed by the second respondent are appealable under Section 10 of the A.P. Land Encroachment Act, 1905 and as alternative remedy of appeal is available to the aggrieved party (petitioner) the present writ petition is not maintainable. After hearing the learned counsel appearing for the parties, I am of the considered opinion that as the order of the second respondent is appealable before the Revenue Divisional Officer under Section 10 of the A.P. Land Encroachment Act, 1905 and a further revision thereafter is also available before the Joint Collector, therefore, the present writ petition is not maintainable. Accordingly, the writ petition is disposed of as not maintainable. The petitioner is relegated to file an appeal before the competent authority within a period of two months from today and if the petitioner files any appeal before the competent authority within the stipulated period, then the same shall be considered on merits, in accordance with law. There shall be no order as to costs. As the petitioner has been pursuing his remedy before this Court considerably for a long time, therefore, the appellate authority is at liberty to consider the issue of limitation sympathetically. The petitioner shall not be dispossessed from the said lands till the competent authority decides the application for stay filed by him along with statutory appeal within time as stated supra. _________________________________ JUSTICE ASHUTOSH MOHUNTA March 31, 2011 Note: Furnish C.C. in one week. B/o.Pn THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No.2894 of 2008 March 31, 2011 Note: Furnish C.C. in one week. B/o.Pn