Judgment · High Court · 2012

Order

Learned Government for Revenue (Telangana Area), on instructions, submits that the subject lands were acquired as early as in the year 1969 for the purposes of Nagarjunasagar Project Left Canal; and compensation was also paid to the petitioner. He further submits that the petitioner has, thereafter, encroached on the subject lands which stood vested in the Government, and action was therefore initiated by way of a notice under Section 7 of the A.P. Land Encroachment Act, 1905 (for short ‘the Act’); and thereafter, an order under Section 6 of the Act was passed on

03.12.2012. Section 10 of the Act confers a statutory right of appeal against an order passed by the Tahsildar under Section 6 of the Act. Since the petitioner still has time to prefer an appeal, I see no

reason to entertain the Writ Petition, more so, as Section 10(2) of the Act also enables the appellate authority to suspend the order passed by the Tahsildar under Section 6 of the Act. Leaving it open to the petitioner to prefer an appeal, the Writ Petition is dismissed. Since the petitioner is now being relegated to the statutory remedy of an appeal, I consider it appropriate to direct the respondents not to take any coercive action for eviction of the petitioner till 15.01.2013. The respondents are free to take action, in accordance with law, thereafter. The Miscellaneous Petitions, if any, pending in this Writ Petition also shall stand dismissed. ___________________________________ JUSTICE RAMESH RANGANATHAN 28th December 2012 Note: Issue CC today. B/o