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Judgment
Heard counsel for the appellant and counsel for the
State. Also perused the order dated 21.2.2014, which is under
challenge in Letters Patent Appeal.
The order dated 18.6.2013 passed in encroachment case
was challenged in the writ application. After hearing the parties, the
writ application was dismissed by learned Single Judge on the ground
that he has two remedy. One, to file an appeal against the order, which
is appealable, or to file a suit for declaration and because of those
remedies, the learned Single Judge refused to exercise discretion
under Article 226 of the Constitution of India.
This Court does not find anything illegal with such a
view having been taken by the learned Single Judge in not
entertaining the writ or passing any direction or order on the dispute.
Since the order does not suffer from any infirmity, the
Court would not like to interfere with the same. The appeal is
dismissed. The appellant has freedom to choose his course of action
as granted by the learned Single Judge.