THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.1101 of 2010 ORDER: The petitioners are in possession and occupation of various extents of land in survey No.432 of Govindapuram Hamlet of Challachintalapudi, Denduluru Mandal, West Godavari District. All of them were issued proceedings under Section 6 of the Land Encroachment Act, 1905 (for short ‘the Act’), requiring them to vacate the land. The petitioners contend that they were not issued any notice under Section 7 of the Act, and straight away orders, under Section 6 of the Act, were passed. Heard learned counsel for the petitioners, and learned Government Pleader for Revenue. A perusal of the proceedings issued to the petitioners discloses that no reference was made, either to the show cause notice, or to the explanation submitted by the petitioners. Inasmuch as an order passed under Section 6 of the Act entails in eviction of a person, in occupation of the Government land, not only a notice must be issued, but also the explanation that may be submitted by the encroacher, must be discussed, before ordering eviction. The mere filling up of blanks in a cyclostyled form, does not meet the requirements of law. Hence, the Writ Petition is allowed, and the orders, passed against the petitioners, under Section 6 of the Act, are set aside. It is left open to the Tahsildar, Denduluru Mandal, the 1st respondent, to issue notices and to pass final orders, duly recording findings, by taking into account the explanation that may be submitted by the petitioners. There shall be no order as to costs. _____________________ L. NARASIMHA REDDY, J. Dt.05.02.2010. Note: Furnish C.C. in two days. (B/o) GJ