THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.31125 of 2011 ORDER: The action of the respondents in seeking to dispossess the petitioner from lands admeasuring Ac.12.00 situated in Sy.No.17 of Sathamrai Village, Shamshabad Mandal, Ranga Reddy District, and in seeking to alienate the subject land to the Board of Intermediate Education (sixth respondent), is questioned in this Writ Petition as being illegal and arbitrary. It is wholly unnecessary for this Court to go into the facts narrated in the aﬃdavit in detail since the Tahsildar, Shamshabad Mandal, Ranga Reddy District (ﬁfth respondent), in his letter dated 24.09.2010 addressed to the District Collector, Ranga Reddy District (third respondent), stated that the petitioner was claiming possession over an extent of Ac.12.00 of land in the aforesaid survey number which was fenced with pillars; a small room was constructed for a watchman who has been staying therein; and the said room was also provided with electrical connection. When the matter was listed on 25.11.2011, Learned Government Pleader for Revenue (Assignment) sought time to obtain instructions. Thereafter the matter suﬀered adjournments on 30.11.2011 and 01.12.2011. Today the Learned Government Pleader, on instructions, would submit that the ﬁfth respondent had conducted physical inspection of the subject land; while the land was substantially vacant, it had pillars here and there; and there was a room constructed on the subject land which was partly covered by a boundary wall. The letter of the ﬁfth respondent dated 24.09.2011 shows that the petitioner was in possession of the subject land. Sri D.Jagan Mohan Reddy, Learned Counsel for the petitioner, would fairly state that the petitioner would not make any further construction on the subject land for a period of six months. In case the oﬃcials respondents are of the view that the subject land belongs to the government, their remedy is to have the petitioner evicted therefrom in accordance with law including the provisions of the Andhra Pradesh Land Encroachment Act, 1905 (the Act) which stipulates a notice being given to the alleged encroacher to show cause; pass an order thereupon; and, thereafter, issue proceedings for eviction of the encroacher concerned. It is always open to the petitioner, in reply to the show cause notice, to raise all such contentions as are available to them in law including that the subject land is not government land; and that the summary proceedings under the Andhra Pradesh Land Encroachment Act, 1905 cannot be resorted to. Leaving it open to the oﬃcial respondents to take necessary action, if they so choose, for eviction of the petitioner from the subject land, it is made clear that the petitioner shall not be dispossessed till then. The Writ Petition is, accordingly, disposed of. However, in the circumstances, without costs. RAMESH RANGANATHAN,J Date:03.12.2011 usd