THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.10122 OF 2011 ORDER: The petitioners, eight in number, are all residents of Virawada Village, Pithapuram Mandal, East Godavari District. They claim to have purchased small extents of land under registered sale documents in the year 2009, and to be in peaceful possession and enjoyment thereof ever since. The said lands are said to have been used for construction of houses by them, and the first petitioner claims to have raised a thatched shed for running a small tea shop to eke out his livelihood. They are aggrieved by the attempts of respondents 4 and 5 in seeking to evict them from the lands in question without putting them on notice, without giving them an opportunity of being heard, and merely by affixing a notice board over the lands in question. In the counter affidavit filed by the respondents, it is stated that the first petitioner had encroached into the road poramboke of an extent of Ac.0-01 cent, and this encroachment came to light only after the land was got surveyed by the Deputy Inspector of Survey. The Tahsildhar denies the petitioners’ allegation of their having entered into the petitioners’ lands. Their failure to respond to the petitioners’ legal notice is justified on the ground that no reply was considered necessary as they had neither interfered with the petitioners possession nor had they entered into the lands in question. If the respondents are of the view that the petitioners have encroached into the road, the remedy available to them is to evict them in accordance with law. Admittedly, the petitioners are neither put on notice nor given an opportunity of being heard. Since the respondents have admitted that they have not sought to evict the petitioners from the said lands, the said assertion is recorded and the Writ petition is disposed of leaving it open to the respondents to initiate appropriate proceedings, to have the petitioners evicted from the lands in question, in accordance with law, including after putting them on notice and giving them an opportunity of being heard. However, in the circumstances, without costs. _____________________________ RAMESH RANGANATHAN, J August 23, 2011 MD THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.10122 OF 2011 August 23, 2011 MD