IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION Nos.28105 AND 28111 of 2014 BETWEEN P.Sukeshini and another AND ... PETITIONERS The State of Andhra Pradesh, Rep. by its Principal Secretary (Department of Revenue), A.P. Secretariat Building, Hyderabad and others.
...RESPONDENTS The Court made the following:
COMMON ORDER:
Heard.
2. The order impugned is one passed under Section 6 of the A.P.Land Encroachment Act, 1905 by the Tahsildar, respondent No.3, and the basis of the order is that petitioners in these writ petitions, who claim to own their respective plots in survey No.344, are found to have been encroached on the adjacent Government land bearing Survey No.291.
3. It is stated that petitioners in these writ petitions have already filed suits for permanent injunction viz., O.S.No.152 and 153 of 2014 respectively, which are pending before the Additional Junior Civil Judge, R.R.District, Malkajgiri. However, the schedule of the suit viz., O.S.No.152 of 2014 shows that it relates to plot No.2 admeasuring 400 square yards in survey No.344 and that of the suit viz., O.S.No.153 of 2014 shows that it relates to plot No.1 admeasuring 444 square yards in survey No.344, whereas the order impugned is with regard to encroachment in survey No.291. In any case, petitioners have an efficacious alternative remedy to approach the appellate authority under Section 10 of the Act. Petitioners are, therefore, at liberty to avail such efficacious alternative remedy and are also at liberty to raise all their contentions in the said appeal.
With the liberty aforesaid, writ petitions are disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J September 19, 2014 LMV