HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 22185 OF 2014 DATED 5TH AUGUST, 2014.
BETWEEN APNGO’s Association, Taluq Unit, Giddalur Prakasam District, rep. By its President T.Naresh Gabu ….Petitioner and The Government of Andhra Pradesh, rep. By its Principal Secretary to Government, Revenue Department, Secretariat, Hyderabad, and ors.
…..Respondents.
HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 22185 OF 2014
ORDER:
This Writ Petition is directed against the proceedings dated 7.7.2014 issued under Section 6 of the AP Land Encroachment Act against the petitioner. By proceedings dated 7.7.2014, the petitioner is directed to handover the possession of the alleged encroached land within fifteen days.
The learned Senior Counsel, Sri M.Surender Rao supports the Writ Petition on the ground that the appellate remedy under the facts and circumstances may not be adequate and efficacious. I am unable to accept the said contention. The appellate remedy as provided under Section 10 of the Act is a remedy available on questions of fact and law and as such I am of the view that it is not only an alternative, but also an efficacious remedy. In view of the same, this Writ Petition is disposed of giving liberty to the petitioner to file appropriate appeal before the appellate authority within one week from the date of receipt of a copy of this order. If such an appeal is filed, the appellate authority shall entertain the same and pass appropriate orders .
The Writ Petition is disposed of at the admission stage. Miscellaneous petitions pending consideration if any shall stand closed. No costs.
JUSTICE VILAS V. AFZULPURKAR Dated 5th August, 2014. Msnro