THE HONOURABLE SRI JUSTICE V. ESWARAIAH WRIT PETITION No.854 OF 2008 DATED: 23-01-2008 BETWEEN A. Madhava Reddy, S/o. Gopal Reddy, R/o. Palchuru Village, Pellakuru Mandal, Nellore District and others. …PETITIONERS AND The District Collector, Nellore, Nellore District and another. …RESPONDENTS ORDER: Petitioners question various similar orders passed under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 (for short ‘the Act’) vide order of the Tahsildar, Pellakuru, Nellore District in R.C.CC.No.1/NPT/1980 dated 18.01.2008 holding that they have encroached an extent of Ac.3.00 cents; Ac.3.00 cents; Ac.6.00 cents; Ac.7.20 cents; Ac.7.30 cents and Ac.4.50 cents respectively on the ground that the said lands form part of 100 acres in Sy.No.1/1 of Pellakuru Village, which were taken over by the Government as surplus lands from the declarant under the provisions of the Andhra Pradesh Land Reforms (COAH) Act, 1973 vide LRT, Chandragiri CC.No.1401/SKHT/1975 dated 29.09.1976. Petitioners further submit that they have purchased the said land from the statutory tenant of the original declarant and therefore, it cannot be said that the said land belongs to the Government. 2. Admittedly, the petitioners have not questioned the proceedings of the land reforms tribunal in LRT Chandragiri CC.No.1401/SKHT/1975 dated 29.09.1976. If that be so, it cannot be said that the said lands are not Government lands as per the said order wherein 100 acres of land was declared as surplus land and Government has taken over the same. 3. However, I am of the opinion that against the said order passed under Section 6 of the Act an appeal lies to the Revenue Divisional Officer under Section 10 of the Act and in view of the alternative remedy available, I am not inclined to entertain the writ petition. The writ petition is accordingly dismissed. There shall be no order as to costs. ______________ V. ESWARAIAH, J January 23, 2008 DSK