THE HON’BLE SRI JUSTICE B.PRAKASH RAO AND THE HON’BLE SRI JUSTICE R.KANTHA RAO W.A.No.1230 of 2008 JUDGMENT: (Per the Hon’ble Sri Justice B.Prakash Rao) Heard Sri O.Manoher Reddy, learned Counsel appearing for the appellants and also the learned counsel appearing for the contested respondent and Government Pleader for Assignments and at their request, the main appeal is taken up for disposal at the admission stage. The appellants herein are the writ petitioners, who ﬁled this appeal as against the observations and ﬁndings given by the learned Single Judge while disposing of the writ petition. In the writ petition, the appellants sought to assail the notice issued to them in the year 2005 under the provisions of the Land Encroachment Act, 1905 and also Form No.I notice issued under the A.P.Assigned Lands (Prohibition of Transfer) Act, 1977 calling upon them as to why action should not be taken against them for eviction from the subject land. However, when the writ petition came up for hearing, it is stated that the said notice was withdrawn. Though several contentions were raised in the writ petition assailing the entire action, however, since the very notice was withdrawn, the writ petition was dismissed, as there was no necessity to go into the merits. However, while dismissal of the writ petition, the learned Single Judge gave a ﬁnding that the appellants herein are not in possession and enjoyment of the land in question. The appellants are aggrieved by the said ﬁnding. We are of the opinion that there is no necessity to make such an observation in regard to the fact that the entire impugned action in the notice was withdrawn and there is no necessity to go into the merits or having any say on either side. In the circumstances, the writ appeal is allowed and the ﬁnding of the learned Single Judge only to the extent of his holding that the appellants are not in possession of the land in question is set aside. No order as to costs. _______________ B.PRAKASH RAO,J ______________ R.KANTHA RAO,J 15th October, 2008. PNV