HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.33152 of 2010 Date: 29.12.2010 Between : Gajjala Srinivasa Chary. …….Petitioner And The District Collector, Guntur District & others. ….Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.33152 of 2010 ORDER : Heard learned counsel for petitioner and also the learned Government Pleader appearing for respondents. In this writ petition, the petitioner has questioned the order, dated 24th of December 2010, passed by the 3rd respondent-Tahsildar in Rc.No.287/2010/DT. By the aforesaid order, the petitioner was directed to vacate the encroached portion covered by Sy.No.995/9A1. Primarily, the aforesaid order is questioned on the ground that it is not preceded by any show cause notice and opportunity to the petitioner. Even assuming that the allegation of respondents is correct, proceedings are to be initiated under the A.P.Land Encroachment Act, 1905. A perusal of the impugned notice does not show issuance of any such notice under the aforesaid Act. In that view of the matter, the writ petition is allowed and the order, dated 24.12.2010, issued in Rc.No.287/2010/DT, is set aside. However, it is made clear that if there are any encroachments over the property in question, this order will not preclude the respondents from taking steps under the A.P.Land Encroachment Act, 1905, for removal of such encroachments. No order as to costs. _____________________ R.SUBHASH REDDY, J 29th December 2010 N.B: Issue C.C. in two days (b/o) ajr