IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.3710 of 2008 Between: Mr. Rachamanti Sambaiah, S/o. Chintaiah, R/o. Edlapadu Village & Mandal, Guntur District. ..... PETITIONER AND 1 The District Collector, Guntur, Guntur District. 2 The Revenue Divisional Officer, Narasaraopet, Guntur District. 3 The Tahsildar / Mandal Revenue Officer, Edlapadu Mandal, Edlapadu, Guntur District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue writ or order or direction more particularly one in the nature of Writ of Certiorari call for the records and quash the impugned notice dt. 18.02.2008 issued by the 3rd respondent being illegal, arbitrary and violative of Articles 14, 21 and 300 (A) of the Constitution of India apart from being violative of principles of natural justice and pass such other order or orders Counsel for the Petitioner: MR.SRICHARAN TELAPROLU Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.3710 of 2008 ORDER: It is the case of the petitioner that he was assigned the land admeasuring 150 sq. yards in layout D.No.324/1 situated at Edlapadu Village and Mandal, Guntur District, vide proceedings Rc.No.148/2003-A, dated 28- 06-2003. Thereafter, the petitioner constructed a temporary hut in the said land. While so, on a report said to have been submitted by the 3rd respondent, the 1st respondent issued a show-cause notice, dated 31- 01-2005 in proceedings Rc.No.326/05/E2, as to why the house site patta should not be cancelled, as the petitioner is not a landless poor and he is above poverty line. It is stated that the son of the petitioner submitted explanation to the said show-cause notice. Thereafter, the 1st respondent passed an order in Rc.No.326/05/E2, dated 22-09-2005, remanding the matter to the 2nd respondent with regard to cancellation of the house site patta, if the petitioner is not eligible, as reported by the 3rd respondent. Aggrieved by the said order of the 1st respondent, dated 22-09-2005, the petitioner filed W.P.No.676 of 2006 before this court and this court disposed of the said writ petition on 11-01-2006 directing the respondents to consider the representation said to have been made by the petitioner, while observing that so far no such cancellation order appears to have been passed. While so, it is stated that the petitioner received notice under Section 6 of the A.P. Land Encroachment Act, 1905 (for short “the Act”) for summary eviction of the petitioner on the ground that the assignment patta was already cancelled vide proceedings of the 2nd respondent in D.Dis.No.1995/2005 A, dated 15-12- 2005. It is stated that there is no notice about cancellation of assignment and without giving any show-cause notice under Section 7 of the Act, the impugned notice has been issued directing the petitioner to vacate the said land within seven days. I am not inclined to express any opinion as to whether the 2nd respondent cancelled the assignment patta vide proceedings D.Dis.No.1995/2005 A, dated 15-12-2005, and whether any notice under Section 7 of the Act has been issued before passing the impugned notice under Section 6 of the Act. However, against the final notice issued under Section 6 of the Act, an appeal lies to the Revenue Divisional Officer under Section 10 of the Act. Having regard to the facts and circumstances of the case, the petitioner is permitted to file an appeal against the impugned final notice, dated 18-02-2008, before the Revenue Divisional Officer, within one week from today. If any such appeal is filed within one week from today, the Appellate Authority may verify as to whether the assignment patta was cancelled through proceedings D.Dis.No.1995/2005 A, dated 15-12-2005, and dispose of the appeal as expeditiously as possible. Pending disposal of the appeal, status-quo obtaining as on today with regard to possession shall be maintained. Accordingly, the writ petition is disposed of. There shall be no order as to costs. ___________ 22-02-2008 Note: Issue C.C. in three days (B/o) Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN}