THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.3039 of 2008 Between: Maragoni Yedukondalu. .. PETITIONER and The District Collector and another. .. RESPONDENTS THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.3039 of 2008 ORDER: Petitioner questions the impugned notice issued under Section 7 of A.P.Land Encroachment Act, 1905 (for short “the Act”), calling upon him to submit explanation as to why he should not be evicted from the encroached land admeasuring Ac.1-17 cents in Sy.No.186/2 situated at Vemulapally Village, Mandapet Mandal, East Godavari District. It is the case of the petitioner that the said land was given on lease in favour of the petitioner in the year 1986 for a period of one year and even after expiry of the lease period, the petitioner is permitted to cultivate the said land and the 2nd respondent is also collecting the lease amount. Therefore, it cannot be said that the petitioner is an encroacher. I am of the opinion that the impugned notice is only a show-cause notice. Therefore, it is for the petitioner to submit explanation and advance all the contentions before the 2nd respondent. Having regard of the facts and circumstances of the case, if no final order has been passed under Section 6 of the Act, it is open for the petitioner to submit explanation, if any, within a period of one week from today. If any such explanation is filed, the same may be considered and disposed of in accordance with law. Accordingly, the writ petition is disposed of. There shall be no order as to costs. ___________ 15-02-2008 Note: Issue C.C. by tomorrow (B/o) Prv