THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.7780 of 2008 ORDER: Though the matter is listed under the caption ‘interlocutory’, at the request of the learned counsel for both the parties, the writ petition itself is taken up for consideration and being disposed of by this order. This Writ Petition is filed seeking a mandamus declaring order, dated 10.03.2008 passed by the third respondent – Tahsildar, Bhadrachalam, Khammam District, under the provisions of the Land Encroachment Act, 1905 (for short ‘the Act’), as illegal and arbitrary. Petitioners were issued notice under Section 7 of the Act in Rc.No.B 2590/2008, dated 13.02.2008 by the third respondent to show cause why they should not be evicted from the encroached portion of the land covered by Survey No.121 situated at Bhadrachalam. They filed their respective explanations, dated 20.02.2008 denying the allegations of the third respondent and stating that the land in question belongs to Sri SithaRamachandraswamy Vari Devasthanam, Bhadrachalam, as such, they cannot be termed as encroachers under the Act. However, the impugned notice was issued for eviction of the petitioners under Section 6 of the Act. It is the allegation of the petitioners that as the land belongs to the temple, no jurisdiction lies on the third respondent under Section 6 of the Act to remove their possession. It is to be noticed that under the scheme of the Act, there is a remedy of appeal before the Revenue Divisional Officer against the notice issued by the Tahsildar under Section 6 of the Act and the appellate authority can consider the very plea of the petitioners. In view of availability of alternative remedy of appeal to the petitioners, I deem it appropriate to permit them to file appeal before the Revenue Divisional Officer within a period of six (6) weeks from today, upon which, the appellate authority shall entertain the same without rejecting it on the ground of limitation, consider and dispose of it on merits. Further, there shall be a direction to the respondents to maintain status quo for a period of two (2) months from today. However, it is open for the petitioners to obtain appropriate interim orders in the appeal filed by them before the appellate authority. Subject to the above, the Writ Petition is disposed of. No order as to costs. _______________________ R.SUBHASH REDDY, J 29th JUNE, 2011. Note:issue c.c. in one (1) week. kvni