IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 14010 of 2009 Between: Allam Nageswara Rao S/o.Venkateswara Rao R/o.Jeelugumilli (M), West Godavari District. .... PETITIONER AND 1 The Special Deputy Collector, Tribal Welfare, Polavaram, West Godavari District. 2 The Special Deputy Tahsildar, Tribal Welfare, Polavaram, West Godavari District. 3 The Tahsildar, Jeelugumilli, West Godavari District. 4 Chirri Gangabjavani W/o.Venkateswara Rao R/o.Chandra Colony, R/o.Jeelugumilli (M), West Godavari District. ....RESPONDENTS 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 issue a writ or order or direction in the nature of Writ of Mandamus declaring the action of the 1st respondent passing impugned proceedings vide LTR S.R.No.3/2008 directing the 3rd respondent to evicting the petitioner from Ac.4.47 cents in R.S.No.57/1 situated at Jeelugumilli dated 27.11.2008, is illegal, arbitrary and violation of principals of natural justice and consequently directing the respondents not to dispossess the petitioner from the above mentioned land and to pass such other order or orders. Counsel for the Petitioner: MR.NARAM.NAGESWARA RAO Counsel for the Respondents 1 & 2: GP FOR SOCIAL WELFARE Counsel for the Respondent No.3 : G.P for Revenue The Court made the following : THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 14010 of 2009 ORDER: This writ petition is filed seeking a declaration that the order of ejection dated 27.11.2008 passed by the first respondent-Special Deputy Collector (Tribal Welfare), Polavaram, West Godavari District under Section 3(2) of the Andhra Pradesh Scheduled Area Land Transfer Regulation 1959 as amended by Regulation 1 of 1970, as arbitrary and illegal. I have heard the learned counsel for the petitioner as well as the learned Government Pleader for Social Welfare appearing for the respondents 1 and 2. At the outset, it is to be noticed that as against the impugned order, a statutory remedy of appeal is available and therefore, without exhausting such an efficacious alternative remedy, the petitioner cannot invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. In the circumstances, without going into the merits of the matter, the writ petition is disposed of granting liberty to the petitioner to prefer an appeal against the impugned order. However, having regard to the facts and circumstances of the case and keeping in view the petitioner’s plea that there is imminent threat of dispossession, there shall be a direction that the status quo obtaining as on today as the nature and possession of the property in question shall be maintained for a period of six weeks from today. The Writ Petition is accordingly disposed of. No costs. _____________ G.ROHINI, J 14th July 2009 Note:- Issue C.C in 2 days (B/o) RAR THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 14010 of 2009 DATED : 14-07-2009