RAHMATULLAH KHAN Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is filed for a mandamus to set aside proceedings No. A 1/2150/2013 dated 28.12.2013 of respondent No.3.

(2.) At the hearing, Smt. V.Dyumani, learned counsel for the petitioners, has not disputed that her clients have filed an appeal under Section 10 of the Andhra Pradesh Land Encroachment Act, 1905 ("the Act' for short), against the impugned order. She further stated that as respondent No.3 has allowed a three days time for vacating the property, they have filed the present Writ Petition.

(3.) This Court has been constantly noticing that while passing eviction orders, the primary authorities (Tahsildars concerned) have not been granting reasonable time to the aggrieved parties for vacation of the premises and the appellate authorities are not passing orders on the interlocutory applications, filed seeking stay of interim orders. As a result of this lack of rational approach on the part of the primary as well as the appellate authorities, the legal remedies of appeal and revision are rendered otiose.