IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 15710 of 2008 Between: Muneer Khan, S/o late Jahangir Khan, aged 53 years, Occ:business, R/o H.No.13-1-1232/A/20, Ambedkar Nagar, Tappachabutra, Hyderabad. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. 2 The District Collector, Hyderabad District, at Lakdikapool, Hyderabad. 3 The Tahsildar, Asifnagar Mandal at Vijayanagar Colony, Hyderabad. .....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 Counsel for the Petitioner:MR.P.ROY REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No. 15710 of 2008 Order: The petitioner states that he is the absolute owner and possessor of premises bearing No.13-6-825/A/1/1/A/2, admeasuring 500 Sq. Yards, situated at Moghal Nagar, Langar House, Gudimalkapur village, Asifnagar Mandal, Hyderabad, having purchased the same under an agreement of sale dated 18.09.2007, and after obtaining necessary permission from the Forest Department and also trade licence from the GHMC, he is running a Saw Mill therein. While so, it is the case of the petitioner that the 3rd respondent-Tahsildar, without following the procedure prescribed under law, has passed an order dated 17.07.2008, declaring the land in question as Government land, and also issued eviction notice under Section 6 of the A.P. Land Encroachment Act, 1905 (for short ‘the Act’), directing the Revenue Inspector to take over possession of the land in question from him. According to the petitioner, the order dated 17.07.2008 and the notice issued under Section 6 of the Act are served on him today only, and by virtue of the said orders, the respondents, without permitting him to avail the remedy of appeal available to him under Section 10 of the Act as against the said orders, are now trying to evict him from the premises in question. Learned Assistant Government Pleader for Revenue admitted that as against the orders passed by the 3rd respondent-Tahsildar, the petitioner has an alternative remedy of appeal available to him under Section 10 of the Act. Having regard to the facts and circumstances of the case, I deem it appropriate to dispose of the writ petition with the following directions: The petitioner is directed to file appeal under Section 10 of the Act, along with stay application, before the appellate authority concerned, as against the impugned orders passed by the 3rd respondent-Tahsildar, within a period of one week from today, and on such appeal and stay application being filed by the petitioner, it is open for the appellate authority concerned to consider and dispose of either the main appeal or the stay application, and pass appropriate orders thereon in accordance with law, expeditiously. Till then, status quo obtaining as on today shall be maintained. Accordingly, the writ petition is disposed of. No costs. ___________________ N.V. RAMANA, J. Date: 21.07.2008 Note: Issue CC by tomorrow (B/O) Nsr/Msv