THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.26995 of 2009 ORDER: The petitioner was issued a notice dated 04.12.2009 by the Forest Range Officer, Ahswapuram, 3rd respondent herein alleging that he had made an attempt to encroach Ac.0.20 guntas of forest land in Survey No.314 near Nursery. The petitioner was required to submit explanation and to produce the records that are available with him on 10.12.2009. The same is challenged in this writ petition. The petitioner contends that he is in occupation of the land in question for the past several decades and even a house was constructed in it with the permission of the Gram Panchayat. He also contends that the impugned notice cannot be sustained in law, since the land in question is not part of any reserve forest. Certain other grounds are also urged. Heard the learned counsel for the petitioner and the learned Government Pleader for Forests. The writ petition is filed only against the show cause notice issued under Section 20 of the A.P.Forest Act. This Court would interfere with the show cause notice, only when it is issued by an authority not vested with the power. The petitioner does not contend that the 3rd respondent is not vested with jurisdiction to issue the notice. His submissions are mostly on the merits of the matter such as character of the land viz., whether it is reserve forest or not. The adjudication on those aspects would depend upon the nature of the explanation that may be submitted by the petitioner and the verification of records by the 3rd respondent. Therefore, the writ petition is dismissed, leaving it open to the petitioner to submit explanation within ten days from today. It is directed that if it becomes inevitable to evict the petitioner, it shall be only after following the procedure prescribed by law. There shall be no order as to costs. _________ 10.12.2009 Note: Issue C.C. in three days. (B/o) JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.26995 of 2009 Date: 10.12.2009 JSU