IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 4032 of 2008 Between: 1 Jimkala Narsingappa W/o. Shantappa 2 Police Peddamallappa S/o. Shannappa 3 Police Mahadevappa S/o. Mallaiah 4 Kalhally Sharnappa S/o. Lingappa 5 Mallappa S/o. Thimmanna Kavali 6 Jerkallu Baswaraj S/o. Sharnappa 7 Jerkallu Jindappa S/o. Hanmanthu [All are residents of Kusumurthy Village, Maganoor Mandal, Mahaboobnagar District.] ..... PETITIONER(S) AND 1 The Tahsildar Maganoor, Maganoor Revenue Mandal, Mahaboobnagar District. 2 The District Collector, Mahaboobnagar, Mahaboobnagar District. .....RESPONDENT(S) 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 an order or orders more particularly one in the nature of Writ of Mandamus declaring the impugned notice issued by the erspondent No.1 herein vide Lr.No.A/210/99, Dated 08.02.2008 against the petitioners herein asking us to evict the huts which had already been put by he petitioners as illegal, arbitrary, discriminatory and violation of Art. 21 of the Constitution of India. It is also further prayed that the Hon'ble Court may be pleased to declare the inaction of the respondent No.2 herein in not passing any appropriate order in pursuance of the petitioners representation dated 22.10.2007 as illegal, arbitrary and against the law and pass such other order or orders. Counsel for the Petitioners:MR.V.RAGHUNATH Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.4032 of 2008 ORDER: It is the case of the petitioners that they are in possession and enjoyment of the land admeasuring Ac.3-00 gts. in Sy.No.101 situated at Kusumurthy Village, Maganoor Mandal, Mahaboobnagar District, and they erected huts in the said land and residing therein. While so, the 1st respondent issued notice No.A/210/99, dated 08-02-2008, informing the petitioners that the Government acquired the land admeasuring Ac.3-00 gts. in Sy.No.101 in the year 1999 for the purpose of allotting the same to the houseless poor persons, but when the respondents inspected the land, it was found that the petitioners encroached the said land and erected huts without permission of the Government and, therefore, asked them to remove encroachment within a week. Even, in respect of the encroachers, who occupied Government land, the Government cannot summarily evict them without issuing any show- cause notice. But, the impugned notice goes to show that no explanation has been called for as to why the petitioners should not be summarily evicted from the land in question, but they were directed to remove encroachment within a week. I am of the opinion that even under the Land Encroachment Act, 1905, (for short “the Act”) a show-cause notice has to be given under Section 7 of the Act, calling upon the encroachers to submit explanation and if any explanation submitted or not, final notice has to be passed under Section 6 of the Act, which is an appealable under Section 10 of the Act. Having regard to the facts and circumstances of the case, the writ petition is disposed of treating the impugned notice, dated 08-02-2008, as a show-cause notice directing the petitioners to submit explanation within one week from today. If any such explanation is filed, the same may be considered and pass appropriate final orders under Section 6 of the Act. Until final orders are passed under Section 6 of the Act, status-quo obtaining as on today shall be maintained. There shall be no order as to costs. ___________ 28-02-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN}