IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 5434 of 2008 Between: 1 Peram Radhakrishna Murthy S/o. Subbaiah R/o. Purushothapatnam, Bhadrachalam Mandal, Khamma Dist. 2 Jasti Ganga Bharathi W/o. Nageswara Rao R/o. Purushothapatnam, Bhadrachalam Mandal, Khamma Dist. 3 Narra Padma W/o. Subba Rao R/o. Purushothapatnam, Bhadrachalam Mandal, Khamma Dist. 4 B.Lakshmi W/o. Ravikumar R/o. Purushothapatnam, Bhadrachalam Mandal, Khamma Dist. ..... PETITIONER(S) AND 1 The District Collector, Khamma Dist., Khammam 2 The Revenue Divisional Officer/sub- Collector, Bhadrachalam, Khammam Dist. 3 The Mandal Revenue Officer, Bhadrachalam, Khammam District. .....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 to issue writ order or direction more particularly one in the nature of writ of Certiorari calling for the records connected with the proceeding in B/571/2007 dated 15-03-2007 issued by the 3rd respondent in respect of the lands admeasuring Ac.12-30 cents comprised in R.S.No. 64 ( O.S. No. 24 ) situated in Gundala Village, bhadrachalam mandal, Khammam District and quash the same as the illegal, contrary to law without jurisdiction and violative of Art. 14, 300-A of the Constitution of India and preamble of A.P. Land Encroachment Act and pass Counsel for the Petitioner:MR.K.MANIKYALA RAO Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No. 5434 of 2008 Order: As against the impugned order dated 23.02.2007, passed by the 3rd respondent, namely the Mandal Revenue Officer, Bhadrachalam, under Section 7 of the A.P. Land Encroachment Act, 1905, an appeal under Section 10 thereof lies to the District Collector, but the petitioner without availing the said remedy has approached this Court directly. Having heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue for the respondents, and having regard to the fact that the petitioner has remedy of appeal against the impugned order, I deem it appropriate to dispose of the writ petition with the following directions: The petitioner is directed to avail the remedy of appeal available to him against the impugned order under Section 10 of the A.P. Land Encroachment Act, 1905 before the Collector within a period of eight weeks from today. Till such time, there shall be stay of all further proceedings in pursuance of the impugned order. Accordingly, the writ petition is disposed of. No costs. ___________________ N.V. RAMANA, J. Date: 13.03.2008 Ksr/Nsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}