IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 13274 of 2008 Between: 1 Dama Anjaiah, S/o. Ankaiah, R/o. Kalavalla Village, Voletivari Palem Mandal, Prakasam District. 2 Dama Narayana, S/o. Ankaiah, R/o. Kalavalla Village, Voletivari Palem Mandal, Prakasam District. 3 Tahtikonda Nirmala, W/o. Gangaiah, R/o. Kalavalla Village, Voletivari Palem Mandal, Prakasam District. 4 Taatikonda Peda Raghavulu, S/o. Narasimham, R/o. Kalavalla Village, Voletivari Palem Mandal, Prakasam District. 5 Thatikonda China Raghavulu, S/o. Chinnaiah, R/o. Kalavalla Village, Voletivari Palem Mandal, Prakasam District. 6 Tahtikonda Kondaiah, S/o. Chinnaiah, R/o. Kalavalla Village, Voletivari Palem Mandal, Prakasam District. 7 Vadlamudi Venkaiah, S/o. Pullaiah, R/o. Kalavalla Village, Voletivari Palem Mandal, Prakasam District. 8 Vadlamudi Anjamma, W/o. Subbaiah, R/o. Kalavalla Village, Voletivari Palem Mandal, Prakasam District. ..... PETITIONER(S) AND 1 The Government of A.P., Rep by its Principal Secretary, Revenue Department, Secretariat at Hyderabad. 2 The Tahsildr, Voletivari Palem Mandal, Prakasam Dsitrict. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2nd respondent in issuing the notices dt. 20.5.2008 under A.P.Land Encroachment Act, 1905 in respect of the schedule lands of the peitioners in Sy.No.286/21 to an extent of 0.13 cents of each petitioner despite of the fact that civil suit is pending di respect of the same schedule land before the court of Prl.Junior civil judge at Kandukur, Prakasam District in O.S.No.143/2008 as illegal, arbitrary and in violation of principles of natural justiec and contrary to the provisions of A.P.Land Encrochment Act and consequently set aside the same in the interest of justice and to pass Counsel for the Petitioner:MR.SITA RAM CHAPARLA Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No. 13274 of 2008 Order: Questioning the action of the 2nd respondent-Tahsildar in issuing the impugned notices dated 20.05.2008, under the A.P. Land Encroachment Act, 1905, calling upon the petitioners to show cause as to why they should not be evicted from the lands in question, despite the suit O.S. No. 143 of 2008 filed by them is pending before the Principal Junior Civil Judge, Kandukur in respect of the same lands, the petitioners filed the present writ petition. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue. The impugned notice, is merely a show cause notice calling upon the petitioners to submit an explanation thereto. In fact, the notice provides an opportunity to the petitioners to put forth their case. The petitioners without submitting their explanation filed the present writ petition, and thereby giving no scope for the respondents to consider their explanation. As of now, there is no adverse order passed by the respondents against which the petitioners can have any grievance. Therefore, the petitioners are at liberty to submit their explanation to the show cause notices by taking the grounds, which they sought to take in the present writ petition. However, in the event, any adverse order is passed by the respondents after considering their explanations, the petitioners are at liberty to assail the same in appropriate proceedings. Hence, the writ petition is dismissed. However, the petitioners are at liberty to submit their explanations to the impugned show cause notices, and on submitting their explanations, the 2nd respondent- Tahsildar, shall consider the same and pass appropriate orders thereon in accordance with law. Till passing of such orders, status quo obtaining as on today shall be maintained by the parties. No costs. ___________________ N.V. RAMANA, J. Date: 25.06.2008 Nsr