IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF JULY TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO WRIT PETITION NO : 13806 of 1994 Between: M. Aswarthappa S/o. Venkataramappa R/o. Kodihalli village, hamelet of Kothapalli, Lepakshi Mandal (Revenue), Anantapur Dist. ..... PETITIONER AND 1. The Joint Collector, Anantapur. 2. The Revenue Divisional Officer, Penukonda, Anantapur Dist. 3. The Mandal Revenue Officer, Lepakshi Mandal, Anantapur Dist. 4. Smt. Venkatamma D/o. late Mala Thimmappa R/o. Kothapalli village, Kodihalli Post. Lepakshi Mandal, Anantapur Dist. .....RESPONDENTS 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 issue a Writ, Order or direction in the nature of Writ of Certiorari and call for the records and quash the Order of the 4th respondent passed in D.Dis.No.(A.4) No.9181/93, dated.22--05--1994 as illegal, arbitary and contrary to law and consequently direct the respondent No.3 i.e., (Mandal Revenue Officer., Lepakshi Mandal., Anantapur District) to assign the said lands in favour of the Petitioner and to pass such any other just and necessary order or orders. Counsel for the Petitioner: MR.A.V.SIVAIAH, ADVOCATE Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE Counsel for the Respondent No.4: Mr. O. Manohar Reddy, Advocate The Court Made the Following : ORDER Heard both sides. Against the impugned order in D.Dis.No.(A4) No.9181/93 dated 22.05.1994 passed by the Joint Collector, Anantapur ordering assignment of land in favour of the 4th respondent, an appeal lies to the appellate authority. The petitioner without exhausting the alternative remedy of appeal, approached this Court. However, the petitioner is at liberty to file an appeal before the appellate authority against the impugned order and the appellate authority shall consider and dispose of the same, after giving an opportunity to the petitioner. It is needless to observe that the interim orders passed by this court earlier shall be in force till the disposal of the appeal filed by the petitioner. Subject to the observation indicated above, the Writ Petition is dismissed. No costs. __________________ 2nd July 2004 BJ/Glv To 1 The Joint Collector, Anantapur. 2 The Revenue Divisional Officer, Penukonda, Anantapur Dist. 3 The Mandal Revenue Officer, Lepakshi Mandal, Anantapur Dist. 4. Two C.Cs to the Government Pleader for Revenue, High Court Buildings, Hyderabad.(O.U.T) 5. Two C.D copies