Telangana High Court
WP/27876/2007 of Kommula Ganeswara Rao, Vs The State of Andhra Pradesh represented by its on 27 December 2007
SRI JUSTICE V.ESWARAIAH WRIT PETITION No.27876 of 2007 Between: Kommula Ganeswara Rao .. PETITIONER and The State of A.P. and others. .. RESPONDENTS THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.27876 of 2007 ORDER: It is the case of the petitioner that the Gram
Between:
THE HON’BLE SRI JUSTICE V.ESWARAIAH
WRIT PETITION No.27876 of 2007
Kommula Ganeswara Rao .. PETITIONER
and
The State of A.P. and others.
..
RESPONDENTS
THE HON’BLE SRI JUSTICE V.ESWARAIAHWRIT PETITION No.27876 of 2007
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ORDER:
It is the case of the petitioner that the Gram Panchayat-4[th] respondentleased out the land admeasuring 100 to 150 sq. yards to his father long backinitially for a period of three years and thereafter, it was renewed periodically.It is stated that he has not encroached the said land, but it was leased out bythe 4[th] respondent. While so, the 3[rd] respondent issued a notice underSection 7 of A.P.Land Encroachment Act, 1905 (for short “the Act”) callingupon the petitioner to submit explanation as to why he shall not be evictedfrom the Government land admeasuring Ac.0-01 cents in Sy.No.181 situatedat Anatavaram Village, Mummidivaram Mandal, East Godavari District, as thesaid land is a tank bed land. Thereafter, final notice was issued underSection 6 of the Act on 06-10-2007 giving seven days time to the petitioner tovacate the land in question.
Admittedly, an appeal lies against the final notice issued underSection 6 to the Act to the Revenue Divisional Officer under Section 10 of theAct. In view of the alternative remedy available under Section 10 of the Act,the writ petition is not maintainable and the same is liable to be dismissed.
Accordingly, the writ petition is dismissed with liberty to file an appealbefore the Revenue Divisional Officer. There shall be no order as to costs.
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