THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.8620 of 2010 April 19, 2010 Between: Kakanaboina Sangaiah, S/o.Appaiah … Petitioner And The State of Andhra Pradesh, represented by the Principal Secretary to Revenue (Freedom Fighters), Secretariat, Hyderabad And others ... Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.8620 of 2010 ORDER: The petitioner is an octogenarian allegedly in occupation of land admeasuring Acs.3.15 guntas in survey No.315 situated at Gollagudem, H/o.Muthagudem Village in Khammam District. He alleges that he is a freedom fighter/political sufferer drawing pension from the Central Government and also availing facilities of Railway pass APSRTC Bus pass issued by the authorities. Fourth respondent herein initiated action under the Andhra Pradesh Land Encroachment Act, 1905 (the Act), and after issuing notice under Section 7 of the Act passed orders under Section 6 of the Act on 01.4.2010 directing removal of encroachment made by petitioner. The petitioner contends that his occupation is not encroachment and therefore applying the provisions of the Act is unsustainable. The petitioner has not placed before this Court any proceedings of grant or patta giving land to petitioner as alleged. Be that as it is, the order under Section 6 of the Act passed by the Tahsildar is an appealable order before the Revenue Divisional Officer. Petitioner approached this Court without availing the remedy. It would therefore be not proper to entertain the writ petition at this stage. Liberty is given to petitioner to approach third respondent and file appeal under Section 10 of the Act, within a period of two weeks from the date of receipt of a copy of this order. As and when appeal is filed, appellate authority may verify the records and pass appropriate orders, after giving an opportunity of hearing to petitioner. The writ petition, with the above observations, is accordingly dismissed. ______________ (V.V.S. RAO, J) April 19, 2010 YS