IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.26993 of 2008 Between: 1 Busireddy Naga Malla Reddy S/o. Chinna Malla Reddy R/o. Cherlopalli Village, of Chintakommadinne Mandal, Kadapa District. 2 Busireddy Pedda Eswar Reddy S/o. Chinna Malla Reddy R/o. Cherlopalli Village, of Chintakommadinne Mandal, Kadapa District. 3 Busireddy Samba Sia Reddy S/o. Chinna Malla Reddy R/o. Cherlopalli Village, of Chintakommadinne Mandal, Kadapa District. ..... PETITIONERS AND 1 The Principal Secretary to Government (Revenue), Government of Andhra Pradesh, Secretariat buildings, Hyderabad. 2 District Collector, Collector's Officer, Kadapa, Kadapa District. 3 Revenue Divisional Officer, Kadapa Division, Kadapa District. 4 Mandal Revenue Officer, Chintakommadinee Mandal, Kadapa District. 5 Executive Engineer, R & B, Kadapa, Kadapa District. .....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 more particularly one in the nature of the Mandamus declaring the notice u/s. 6 & 7 of A.P. Land Encroachment Act, 1905 dated 15.10.2008 and 26.09.2008 respectively issued by the 4th respondent to evict the petitioners from their agricultural land in S.No.133 of Cherlopalle Village, Chintakommadinne Mandal, Kadapa District as illegal, arbitrary and against the settled of law and consequently set aside the same and pass such other appropriate order or order or any other appropriate writ and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioners:SRI D.V.CHALAPATHI RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.26993 of 2008 ORDER: The three petitioners filed the instant writ petition assailing the order/notice under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 (the Act, for brevity), of the fourth respondent directing the petitioners to vacate the land in survey No.133 situated at Cherlopalle Village, Chintakomma Dinne Mandal in Kadapa District. It is the case of the petitioners that their grandfather was the owner of land admeasuring Acs.19.90 in Survey No.133 of the said Village. After demise of their grandfather, under an oral partition, the father of petitioner Nos.1 and 2 and father of petitioner No.3 succeeded to the property, and later, the petitioners succeeded to the respective shares of Acs.6.00, Acs.6.00 and Acs.3.00 respectively. They contend that it is not the Government land, and therefore, the Act has no application. This Court heard learned Counsel for the petitioners and learned Assistant Government Pleader for Revenue (Andhra Area). As rightly pointed out by the learned Assistant Government Pleader, there is an effective alternative remedy under Section 10 of the Act. That being the position, this Court is not inclined to entertain the writ petition, as question of ownership is also involved, which requires appreciation of facts. Petitioners are given liberty to file appeals within ten days from today before the third respondent, namely, Revenue Divisional Officer, Kadapa. As and when appeals are filed, third respondent may entertain the appeals and pass appropriate orders within a period of four weeks from the date of filing of the appeals. To enable the petitioners to obtain appropriate interim orders, there shall be status quo, for a period of ten days. The Writ Petition is disposed of accordingly. No costs. _____________ (V.V.S.RAO, J) 11.12.2008 Note: Issue C.C by 12.12.2008. B/o. vs To 1 The Principal Secretary to Government (Revenue), Government of Andhra Pradesh, Secretariat buildings, Hyderabad. 2 District Collector, Collector's Officer, Kadapa, Kadapa District. 3 Revenue Divisional Officer, Kadapa Division, Kadapa District. 4 Mandal Revenue Officer, Chintakommadinee Mandal, Kadapa District. 5 Executive Engineer, R & B, Kadapa, Kadapa District. 6 2CCs to G.P for Revenue, High Court of A.P., Hyderabad. 7 2CD copies Form-NIC-OGS/WP{MSN}