Smt. Vanitha Bai vs The State Of Telangana
2022 Latest Caselaw 511 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                     AND
      THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI



                    WRIT APPEAL No.94 of 2019

JUDGMENT:     (Per the Hon'ble the Chief Justice Satish Chandra Sharma)


      The present writ appeal is arising out of an order dated

28.01.2019

        passed     by     the    learned        Single      Judge   in

W.P.No.715 of 2019.

The undisputed facts of the case reveal that the

competent authority under the provisions of the Andhra

Pradesh Land Encroachment Act, 1905 (for short, "the Act"),

has passed an order on 08.01.2019 directing eviction of the

encroachers, against which the writ petition was preferred

without availing the remedy of appeal. In those

circumstances, the learned Single Judge has disposed of the

writ petition with a liberty to file an appeal in the matter.

Section 10 of the Act is reproduced as under:-

"10. Appeal:- (1) An appeal shall lie (a) to the Collector from any decision or order passed by a Tahsildar or Deputy Tahsildar under this Act and (b) to the District Collector from any decision or order of a Collector passed otherwise than on appeal, and (c) to the Board of Revenue from any decision or order of a District Collector passed otherwise than on appeal. There shall be no appeal against a decision or order passed by the Collector or the District Collector on appeal, but the District Collector may revise any decision or order passed by a Deputy Tahsildar or collector under this Act, and the Board of Revenue may revise any decision or order passed by any officer under this Act.

(2) Pending the disposal of any appeal or petition for revision under this Act, the District Collector or the Board of Revenue as the case may be, may suspended the execution of the order appealed against or sought to be revised."

The aforesaid statutory provision of law provides for a

remedy of appeal and therefore, in the considered opinion of

this Court, the learned Single Judge was justified in disposing

of the writ petition with a liberty to file an appeal. This Court

does not find any reason to interfere with the order passed by

the learned Single Judge.

The writ appeal is accordingly dismissed. However, two

weeks time is granted to the appellants to file an appeal and

for a period of two weeks from today there will be no eviction

in the matter.

The miscellaneous applications pending, if any, shall

stand closed. There shall be no order as to costs.

______________________________________ SATISH CHANDRA SHARMA, CJ

______________________________________ ABHINAND KUMAR SHAVILI, J

09.02.2022 vs