THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.30807 of 2010 Date: 8.12.2010 Between: M/s. Sai Priya Constructions Pvt. Ltd., ..... PETITIONER AND The Competent Authority and R.D.O., Vijayawada and others. .....RESPONDENTS Counsel for the Petitioners : Sri K.V. Bhanu Prasad Counsel for Respondent No.1 : A.G.P. for Revenue Counsel for Respondent No.2 : Smt. K. Aruna The Court made the following : THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.30807of 2010 Order: This writ petition is filed for a mandamus to set aside order dated 10.3.2010, whereby respondent No.1 has levied a sum of Rs.33,23,925/- towards conversion charges and penalty. At the hearing, Sri K.V.Bhanu Prasad, learned counsel for the petitioner has not disputed that under Section 8 of the A.P. Agricultural Land (Conversion for Non-Agricultural Purposes) Act,2006 (for short ‘the Act’), his client has a remedy of appeal. Learned counsel, however, submitted that as his client could not file the appeal within 60 days time, he is disabled from availing the said remedy. In my opinion, the demand made by respondent No.1 does not suffer from inherent lack of jurisdiction as even if the petitioner’s contentions are accepted, the order can be treated as only an illegal or incorrect one. The appellate authority is empowered to correct such illegalities in the appeal that may be filed by the petitioner. Therefore, I do not find any reason to entertain this writ petition filed bypassing the effective alternative remedy. Inasmuch as the limitation for filing of an appeal has expired, the petitioner is permitted to file such appeal within a period of one month from today. Till filing of such appeal, respondent No.1 shall not take any coercive steps for recovery of the amount. Subject to the above directions, the writ petition is disposed of. No costs. __________________________ C.V. NAGARJUNA REDDY,J DATE: 8th December, 2010 pnb