THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.18178 of 2010 ORDER: In this writ petition, petitioners seek a mandamus calling for the records relating to the notice, dated 22.07.2010, issued under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 (for short ‘the Act’) for declaring the same as illegal and arbitrary. The petitioners claim that they are landless poor persons and are in possession of the land of an extent of Acs.4.95 cents covered by Survey Nos.846, 848 and 849 of Sakhinetipally Lanka, Sakhinetipalli Mandal, East Godavari District. It is their case that as they are in longstanding possession of the above said land and having no other agricultural land, they are entitled to the grant of patta. In spite of the same, respondents have issued the impugned notice. On instructions, it is submitted by the learned Assistant Government Pleader for Revenue appearing for the respondents that the land in question is classified as Government poramboke and as it is very near to River Godavari, it is highly objectionable to issue D- Form patta. It is also submitted that as much as the petitioners are in possession of the land in question unauthorizedly, proceedings were initiated against them under the provisions of the Act. The impugned notice is in the nature of a show cause notice and even according to the petitioners, they submitted explanation on 25.07.2010. However, based on the impugned notice issued under Section 7 of the Act itself, the respondents cannot dispossess the petitioners from the land in question. With regard to grant of patta as on today, although it is stated that the application of the petitioners is pending consideration, no patta is granted to the petitioners. Whether there is any objection for grant of patta in respect of the land in question is a matter to be considered by the authorities. Merely because the petitioners have filed an application for grant of patta that by itself does not preclude the respondents to take steps under the Act to know how the petitioners came into possession of the land in question unauthorizedly. As much as the order under Section 6 of the Act is not yet passed and the petitioners have already filed explanation to the impugned notice, I deem it appropriate to direct the respondents not to dispossess the petitioners from the land in question unless explanation offered by them is examined and further orders are passed. It is made clear that if the application of the petitioners for grant of patta is pending consideration, this order will not preclude the respondents to consider such application without reference to the initiation of proceedings under the Act. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R.SUBHASH REDDY, J 9th AUGUST, 2010. kvni