THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. NO. 21882 OF 2014 Date of Judgment: 4.8.2014 Between:
Pagala Gurava Reddy …Petitioner And The Government of A.P. and others ..Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. No. 21882 of 2014 ORDER:
Heard learned counsel for the parties.
The petitioner is aggrieved by the order dated 16.6.2014 passed by the second respondent-Tahsildar whereby permission was granted in favour of fourth respondent herein for digging a bore well in Sy.No. 167/1 of Chinnapareddy Palli village, Venkatagiri Mandal, SPSR Nellore district. The petitioner states that he is a third party and he was not heard though he is having land in Sy.No. 167/5 in the same village. The petitioner, therefore, seeks to challenge the said order passed by the second respondent.
It is, however, not in controversy that any person, aggrieved by any order, can appeal to the appellate authority i.e., Collector, as provided under Section 33 of the Andhra Pradesh Water, Land and Trees Act, 2002. Since efficacious alternative remedy appeal is available to the petitioner, I am not inclined to entertain this writ petition. However, the petitioner is at liberty to approach the appellate authority and file an appeal, if he is aggrieved by the said order, if necessary by filing an application seeking condonation of delay on the ground that he was not aware of passing of the said order. If such an application and the appeal are filed, the appellate authority shall consider the same expeditiously and pass appropriate orders, at least to the extent of the interlocutory application, within one week from the date of filing of the appeal.
The writ petition is disposed of accordingly. Miscellaneous applications, if any, shall stand closed. No costs.
VILAS V. AFZULPURKAR, J Dt. 4.8.2014 NB:
CC of order be furnished by tomorrow.
/BO/ KR