HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.1283 of 2014 Date:22.01.2014 Between:
Yerupula Parvathamma, W/o Late Yerupula Prakasham . Petitioner And:
The Government of A.P., reptd., by its Principal Secretary, Revenue Department, Hyderabad and five others.
. Respondents Counsel for the Petitioner: Sri S.Madan Mohan Rao Counsel for Respondent Nos.1 to 5: AGP for Revenue The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to set aside order, vide proceedings in Rc.No.C/7352/2014, dated 07.01.2014, of respondent No.3, whereby she has ordered eviction of respondent No.6, who is no other than the son of the petitioner, from the land admeasuring 600 square yards in Survey No.1 of Laxmidevipalli Village, Somulagudem Gram Panchayat, Palvoncha Mandal, Khammam District (for short ‘the subject property).
In my opinion, the petitioner has availed a wrong remedy by invoking the jurisdiction of this Court under Article 226 of the Constitution of India though the impugned order is amenable for a statutory appeal under Section 10 of the Andhra Pradesh Land Encroachment Act, 1905. Though the impugned order of eviction has been passed against respondent No.6, who is no other than the son of the petitioner, as, the petitioner claims interest in the subject property, she has locus to file such appeal. Therefore, I am not inclined to entertain this Writ Petition for adjudication on merits.
The Writ Petition is, accordingly, dismissed. However, the petitioner is permitted to file an appeal before respondent No.2 within two weeks from today. The petitioner shall also file an application for passing appropriate interim order along with the appeal. Till disposal of the interlocutory application by respondent No.2, the petitioner shall not be evicted from the subject property. Needless to observe that if the petitioner fails to file the appeal or application for stay within the above stipulated time, respondent No.3 shall be free to enforce the impugned order.
As a sequel to dismissal of the Writ Petition, W.P.M.P.No.1497 of 2014 is dismissed as infructuous.
22ndJanuary, 2014 DR
JUSTICE C.V.NAGARJUNA
REDDY