IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE TWENTY SEVENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 21294 of 2008 Between: Ummineni Kasulamma W/o.late Seshagirirao R/o.Jangareddigudem, W.G. District. ..... PETITIONER AND 1 The Jangareddigudem Grampanchayat by its Secretary, Jangareddigudem, W.G. District. 2 The Tahsildar, Jangareddigudem, W.G. 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 will be pleased to issue a writ or order or direction in the nature of writ of mandamus declaring the action of the 1st respondent threatening to dispossess the petitioner from the house premises bearing No. 26-255 situated at Jangareddy gudem village and Mandal, vide R.O.C.No.41/07 dated 19.9.2008, is illegal, arbitrary and violation principles of natural justice and consequently direct the respondents 1 & 2 not to interfere with the possession and enjoyment of the house of the petitioner and to pass such other orders. Counsel for the Petitioner: MR.NARAM.NAGESWARA RAO Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following ORDER: The petitioner claims to be in possession of the road poramboke in Jangareddigudem Village and Mandal, West Godavari District for the past several decades and constructed a thatched house thereon. She feels aggrieved by the notice, dated 19.09.2008, issued by the Panchayat Secretary, requiring her to remove the construction. The petitioner states that the impugned notice was issued on the basis of the alleged instructions from the Mandal Tahsildar and that she was not put on notice by the Tahsildar. Heard the learned counsel for the petitioner and the learned Government Pleader for Panchayat Raj. A perusal of the impugned notice, dated 19.09.2008, issued by the Panchayat Secretary discloses that he issued the same on the instructions issued by the Mandal Tahsildar. Reference is also made to the proceedings, dated 02.08.2007. The petitioner asserts that no proceedings were initiated against her by the Mandal Tahsildar. Even where an individual is in unauthorized occupation of the Government property, proceedings under the A.P. Land Encroachment Act, 1905 (for short ‘the Act’) have to be initiated. Though the petitioner was not issued any notice under Section 6 of the Act, the present notice can be treated as such and the petitioner can submit her representation. The Mandal Tahsildar, in turn, shall be under obligation to consider the same and pass appropriate orders under the provisions of the Act. Hence, the writ petition is disposed of, directing that it shall be open to the petitioner to make a representation/explanation to the Mandal Tahsildar, Jangareddigudem, by treating the notice, dated 19.09.2008, issued by the Panchayat Secretary as the one under Section 6 of the Act. The Mandal Tahsildar shall pass appropriate orders thereon, by considering the representation/explanation of the petitioner. Till such time, the possession of the petitioner shall not be disturbed. There shall be no order as to costs. __________________ L.NARASIMHA REDDY,J Dt:26.09.2008. Note: Issue cc in three days. (B/o) kdl