HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.28698 of 2008 Date : 26.07.2011 Between : Veeravalli Nageswara Rao. …..Petitioner And District Collector, West Godavari & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.28698 of 2008 ORDER: In this writ petition, the petitioner seeks declaration by way of Mandamus, declaring the action of respondents in initiating eviction proceedings with regard to the land admeasuring 2 acres covered by R.S.No.116, situated at Tupakulagudem village of Tallapudi Mandal, West Godavari District, as illegal and arbitrary. It is the case of the petitioner that the petitioner and his ancestors are in possession of 2 acres of land covered by R.S.No.116 of Tupakulagudem village. It is stated that the above said land is shown as tank poramboke of Achanna cheruvu, but the said tank is not in use, and the surrounding area is being used for cultivation. It is the case of the petitioner that though he is in possession of the land for the last more than 5 Decades, respondents have issued the impugned proceedings for his eviction without considering his representation filed pursuant to the show cause notice issued under Section 7 of the A.P. Land Encroachment Act, 1905. A detailed counter affidavit is filed by the 3rd respondent-Tahsildar. In the counter affidavit, while denying the various allegations made by the petitioner, it is stated that the land in question is recorded as tank poramboke of Achanna cheruvu. The respondents have also denied the allegation of the petitioner that the said tank is not in use. It is stated that the respondents have already planned to develop the tank by strengthening its bunds to store the water available from Tadipudi Lift Irrigation, so as to supply such water to the ayakatdars of Achanna cheruvu. It is stated that after issuing notice under Section 7 of the Act, as no explanation was filed by the petitioner, final notice was issued under Section 6 of the Act, on 26.12.2008. In the counter, it is further stated that there is remedy of appeal available to the petitioner, but without exhausting the said remedy of appeal, this writ petition is filed. Under the scheme of the A.P. Land Encraochment Act, 1905, remedy of appeal is provided under Section 10 of the said Act, for aggrieved person. In view of various disputes, which are to be resolved by the appellate authority, and as there is also no reason for the petitioner for not approaching the Appellate Tribunal, I deem it appropriate to dispose of the writ petition, permitting the petitioner to file an appeal before the Appellate Tribunal within a period of six weeks from today. If any such appeal is filed within the time stipulated, I am sure the appellate authority will consider the same and pass appropriate orders on merits. There shall be a further direction to the respondents to maintain status quo for two months from today and it is open for the petitioner to approach the appellate authority and obtain interim orders. Subject to the above directions, the writ petition is disposed of. No costs. _____________________ 26th July 2011 R.SUBHASH REDDY, J N.B: Issue C.C. in three days. (b/o) ajr