THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.7279 of 2005 ORDER: In this writ petition, petitioner seeks a mandamus declaring the action of the respondents in trying to evict him from the land admeasuring Ac.1.50 cents covered by Survey No.465 out of the total extent of Acs.7.14 cents situated at Apparaopeta Village, Tadepalligudem Mandal, West Godavari District. It is the case of the petitioner that his mother, by name, Kundeti Desamma, was allotted the aforesaid land as early as in 1943 under a Government Scheme for Grow More Food Campaign. It is stated that a part of the land out of the total extent was leased out to third parties by name, Chitikena Venkanna and two others and the land to an extent of Ac.1.50 cents is still in the possession of the petitioner but the respondents are trying to evict him without following due process of law. A detailed counter-affidavit is filed on behalf of the respondents. In the counter-affidavit, it is stated that the land in question is a tank poramboke and is encroached by the petitioner. It is further stated that three others, who alleged to be the lessees of the land leased out by the mother of the petitioner, also filed W.P.No.15183 of 2004, which in turn, was disposed of by this Court vide order, dated 31.08.2006. It is further stated that as the petitioner encroached the tank poramboke land, proceedings were initiated under the Andhra Pradesh Land Encroachment Act, 1905 (for short ‘the Act’) and after issuing notice, which is in the nature of a show cause notice, as contemplated under Section 7 of the Act, final notice was also issued for eviction under Section 6 of the Act on 25.03.2005 and the receipt of which was refused by the petitioner, as such, the same was served by substituted service. It is also stated that since then, the Government is in possession of the above said land and by suppressing the aforesaid facts, the petitioner filed this writ petition. Although it is the plea of the petitioner that the respondents are taking steps for eviction otherwise than due process of law, from the averments mentioned in the counter-affidavit, it is clear that the steps were taken against the petitioner under the Act and after issuing notice under Section 7 of the Act, final notice was also issued under Section 6 of the Act. In view of eviction proceedings initiated under the Act against the petitioner, it cannot be said that the respondents are trying to evict him otherwise than due process of law. I have perused the copy of the order, dated 31.08.2006 passed by this Court in W.P.No.15183 of 2004, in which, when similar such plea was taken by the respondents, the learned Single Judge of this Court disposed of the writ petition permitting the petitioners to file appeal before the Revenue Divisional Officer against the final notices issued under the Act. For the aforesaid reasons and in view of the order of this Court in W.P.No.15183 of 2004, I deem it appropriate to permit the petitioner, if he so chooses, to prefer an appeal before the Revenue Divisional Officer concerned, who is the appellate authority under the provisions of the Act, against the final notice issued to him under the Act, within a period of four (4) weeks from the date of receipt of a copy of this order. If any such appeal is filed by the petitioner within the time stipulated above, the appellate authority shall accept, consider and dispose of the same on merits, in accordance with law. There shall be a further direction to the respondents to maintain status quo with regard to possession of the land as on today, for a period of six (6) weeks from today. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R.SUBHASH REDDY, J 12th AUGUST, 2010. kvni