THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.1647 of 2010 ORDER: The Village Revenue Officer, Sasanakota Village, Parigi Mandal, Anantapur District, the fourth respondent herein, issued notice, dated 19.12.2009 to the petitioner. It was alleged that the petitioner has encroached Ac.0.25 cents of poramboke land in Survey No.564, which is earmarked for burial ground and is raising fodder in it. The petitioner was required to vacate the land within seven (7) days and it was indicated that he would be forcibly evicted, if he does not vacate the land within the stipulated time. The petitioner challenged the said notice. He contends that he did not encroach into any Government land and that even if any encroachment has taken place, the only authority that can initiate proceedings is the Tahsildar under the Andhra Pradesh Land Encroachment Act (for short ‘the Act’). Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue for the respondents. The fourth respondent issued notice to the petitioner requiring him to vacate from Ac.0.25 cents of land in Survey No.564 stating that it is a Government poramboke earmarked for burial ground. Even if that allegation is true, he can take the same to the notice of the Tahsildar, who in turn can initiate proceedings under the Act. The fourth respondent is not conferred with the powers to take action under the said enactment. Hence, the writ petition is allowed and the impugned notice is set aside. The Tahsildar, Parigi, the third respondent herein, shall take the notice into account and decide whether or not to initiate proceedings under the Act. There shall be no order as to costs. _________________________ L.NARASIMHA REDDY, J 1st FEBRUARY, 2010. Note: issue c.c. in three (3) days. kvni