APHC010168542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY ,THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8882/2025 Between: Juttiga Venkatarathnam, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. P DURGA PRASAD Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:8882/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to pass an order or orders or direction more particularly one in the nature of a writ of mandamus declaring the proceedings bearing Roc.No.143/2025/B dated 10.03.2025 passed by the Respondent No.4 issued to the petitioners individually directing the petitioners to vacate the house properties bearing D.Nos.7-160, 7-187, 7-181, 7-185, 7-186, 7- 185, 7-180, 7-163, 7-135, 71-39, 7-123/2, 7-122/1, 7-97, 7-126/1, 7-90 7-104 ,71-01 respectively in ASR Nagar, Palakoderu Village and Mandal, West Godavari District, A.P. on receipt of order copy as illegal, arbitrary, Irrational, colorable exercise of power and contrary to the provisions of A.P. Land Encroachment Act, 1905 besides being violative of Articles 14, 21 and 300A of Constitution of India and consequently set aside the proceedings Roc.No.143/2025/B dated 10.03.2025 issued by the Respondent No.4 sent to the petitioners individually and pass such other order or orders as this Hon’ble court may deem fit and proper in the interest of justice, equity and good conscience for which the Petitioners shall be duty bound and forever grateful….” 2. Heard learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents. 3. The case of the petitioners herein is that respondent No.4 issued impugned order dated 10.03.2025 without proper consideration of the explanation submitted by the petitioners and also without issuing eviction notice under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 directing the petitioners to evict the subject land as if section 6 notice was already issued against the petitioners. Hence, the writ petition. 4. On the other hand, learned Government Pleader for the respondents submits that notice dated 10.03.2025 issued under the provisions of the Andhra Pradesh Land Encroachment Act, 1905 is an appealable order before the Appellate authority i.e., respondent No.3/ Revenue Divisional Officer. He further submits that once the petitioner is available with an effective alternative remedy, he cannot invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. 5. Having regard to the submissions made by the learned counsel for the petitioners and learned Government Pleader for the respondents, on perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of, directing the petitioners herein to avail statutory alternative remedy available for them by filing statutory Appeal before respondent No.3 under Section 10 of the Andhra Pradesh Land Encroachment Act, 1905, assailing the impugned order dated 10.03.2025, within a period of two (02) weeks from the date of receipt of a copy of this order. On receipt of such Appeal, respondent No.3 is directed to consider the same and pass appropriate orders, after providing opportunity of hearing to the petitioners as well as other stake holders, if any, as early as possible. Till disposal of the appeal, Status Quo obtaining as on today shall be maintained by all the parties concerned in respect of the subject property. 6. With the above directions, the writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 04.04.2025 NOTE: C.C by two (02) days (B/o) BSP 40 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.8882 of 2025 04.04.2025 NOTE: C.C by two (02) days (B/o) BSP