HON’BLE SRI JUSTICE B.PRAKASH RAO AND HON’BLE SRI JUSTICE R.KANTHA RAO W.A.NO.234 OF 2010 DATED: 13.04.2010 Between: Valluru Murali and others .. Appellants And The District Collector, Krishna District at Machilipatnam and others .. Respondents HON’BLE SRI JUSTICE B.PRAKASH RAO AND HON’BLE SRI JUSTICE R.KANTHA RAO W.A.NO. 234 OF 2010 JUDGMENT: (Per Hon’ble Sri Justice B.Prakash Rao,J) Heard the learned counsel appearing on either side. At their request, the main appeal itself is taken up for disposal. 2. The appellants, who are the unsuccessful petitioners in the writ petition, have filed this appeal under Clause 15 of the Letters of Patent, aggrieved against the orders dismissing the writ petition by the learned single Judge whereunder they sought for a writ of mandamus declaring the impugned order dated 04.03.2010 passed by the 3rd respondent in Proceedings Rc.A/185/04 as illegal. 3. Briefly stated, the facts of the case as revealed according to the petition are that the appellants have been in possession of an extent of Ac.0.45 cents of the land in R.S.No.166/6/A to Q and cultivating the same by growing vegetables, sugarcane and turmeric etc. However, the respondents have initiated proceedings under the provisions of the A.P. Land Encroachment Act. The learned single Judge did not accede to the request of the petitioners having regard to the alternative remedy available to them under Section 10 of the Act for filing an appeal before the appellate authority as constituted thereunder. Hence, the writ appeal. 4. Having considered the submissions, we are of the view that since the appellants have ample alternative efficacious remedy of regular appeal, which is statutory, and all the questions raised by the appellants can as well be gone into, we refrain from interfering with the order of the learned single judge in this appeal as such. 5. Accordingly, the writ appeal is dismissed with liberty to file an appeal within a period of four weeks from today. It is also made clear that if such an appeal is filed, there shall be stay of the proceedings of the impugned orders for eviction of the appellants herein, till the disposal of the appeal, in accordance with law. There shall be no order as to costs. ___________________ B.PRAKASH RAO,J ____________________ R. KANTHA RAO,J Date:13.04.2010 Kvrm/ccm HON’BLE SRI JUSTICE B.PRAKASH RAO AND HON’BLE SRI JUSTICE R.KANTHA RAO W.A.NO. 234 OF 2010 DATED: 13.04.2010