THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.2047 of 2008 Between: Bovilla Ramachandra Reddy and another. .. PETITIONERS and The State of A.P. and another. .. RESPONDENTS THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.2047 of 2008 ORDER: It is the case of the petitioners that both of them are residents of Atluru Village and Mandal, Kadapa District. It is stated that Sy.No.445/1 of Atluru Village is classified as “Gramakantam”. It is stated that their ancestors occupied the land admeasuring Ac.0-10 cents in Sy.No.445/1 about 75 years back and they raised thatched huts in a small extent and the remaining extent was being used to store cattle feed and to keep the cattle. While so, the Tahsildar, Atluru Mandal, Kadapa District-2nd respondent issued a show- cause notice in Ref.No.C/14/2008 on 30-01-2008, calling upon the petitioners to submit explanation as to why they shall not be evicted from the encroached land and also directed not to make any constructions in the said land till the enquiry is completed. Admittedly, the impugned notice is only a show-cause notice. Even, the Gramakantam lands not acquired by any village, vest with the Government. Though the gram panchayat is the custodian of all Gramakantam lands, it cannot be said that the Tahsildar has no power or authority to issue notice under Section 7 of A.P.Land Encroachment Act, 1905 (for short “the Act”). Further, the petitioner filed detailed explanation on 31-01-2008. Therefore, it is for the 2nd respondent to conduct enquiry and pass appropriate final orders under Section 6 of the Act. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the 2nd respondent not to dispossess the petitioners from the land in question till the final order is passed under Section 6 of the Act. Further, the petitioners are directed not to make any constructions over the land in question, pending final orders, pursuant to the impugned notice, dated 30-01-2008. There shall be no order as to costs. __________ 12-02-2008 Note: Issue C.C. in three days (B/o) Prv